The times are they a-changin'? Can the Commonwealth parliament legislate for same sex marriages?

Meagher, Dan 2003, The times are they a-changin'? Can the Commonwealth parliament legislate for same sex marriages?, Australian journal of family law, vol. 17, no. 2, pp. 134-154.

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Title The times are they a-changin'? Can the Commonwealth parliament legislate for same sex marriages?
Author(s) Meagher, Dan
Journal name Australian journal of family law
Volume number 17
Issue number 2
Start page 134
End page 154
Publisher Butterworths
Place of publication Sydney, N.S.W.
Publication date 2003
ISSN 0817-623X
Summary This article considers whether the marriage power contained in the Australian Constitution could support a Commonwealth law that recognised same sex marriages. To this end and after outlining the current constitutional meaning according to the High Court, three methods used for interpreting constitutional terms (connotation/denotation, moderate originalism, non-originalism) are examined to ascertain whether they could source such a law to the marriage power. It is submitted that none can do so without betraying their own core interpretative principle or the text and structure of the Constitution. However an alternative method for interpreting [*2] constitutional terms is proffered which may be able to establish a sufficient connection between a law that recognises same sex marriages and the marriage power. It involves recognising 'marriage' as a constitutionalised legal term of art whose meaning can be informed by developments since federation in common law and statute.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001967

Document type: Journal Article
Collection: School of Law
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