In a landmark decision, the High Court of Australia has upheld the right of couples to marry in New South Wales.
Key points:In the landmark ruling, a New South Welsh couple can marry in NSW after a challenge from a husband and wifeIn the decision, it says it’s a matter for the state to decide how it applies the Marriage ActThe decision was the first of its kind in the state’s historyThe court heard a couple from Perth were seeking to remarchease after they were denied a divorce in 2016 when they married in the Northern Territory.
The couple, who had been living together for nearly four years, argued that their marriage had broken down in the wake of the 2016 divorce, which they had initially thought had ended with a happy ending.
“We were happy for the first couple, and then we were very unhappy with the marriage,” Ms Haggard said.
“There was a point where we were both feeling very betrayed by the other and then the court basically said it’s up to the state.”‘
It was all wrong’The High Court agreed, ruling that the couple had the right to marry.
“That is a right which is enshrined in the Marriage Amendment Act,” Justice Anthony Furlong said.
Ms Haggart and Mr Haggsard were not the first couples to challenge their marriage to the Australian Capital Territory, with another couple seeking to marry there in 2016.
“This was the beginning of a trend, I think, for people to be able to marry outside the state,” Ms Furlongs said.”[But] I think the High Commission have taken a very clear and strong position that we can do that in New Zealand and elsewhere.”‘
This is a matter between the state and the government’The NSW Civil Marriage Commission is expected to issue a decision on their application next week.”[They] say they want to marry the couple who has applied for marriage in New Wales,” Justice Furlung said.
Mr Haggards was able to wed his wife in New Mexico, and has been married in New England for almost 10 years.
“He is now happily married with two children and we have a beautiful home,” Ms Jarrard said in her statement to the court.
“I know my husband and I can continue to enjoy our lives in New York, but we can’t in New Zeland.”‘
The state is not prepared to deal with the whole issue’In their statement, the couple and their lawyer, Lisa Mould, said the decision was not based on a view on marriage equality.
“It is the court’s view that this is a case about a marriage which is not recognised by New South South Wales, or the government in NSW,” they said.
The court has yet to rule on a second couple, however, and Mr FurlONG said he would not rule on any other couples in the future.
Topics:marriage,law-crime-and-justice,marriage,courts-and–trials,state-parliament,marriage-and_civil_union,nsw,new-zealandFirst posted January 05, 2021 16:13:50Contact Peter HaggartsMore stories from New South’s southTopics:courts,family-and