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Same-Sex Marriage Laws Could Be Amended To Minimise Risk of Invalidity

The ACT has signaled that it may make further changes to same-sex marriage laws prior to any High Court legal challenge by their federal counterparts in order to ensure the laws validity.

The ACT has received new advice from advocacy groups and constitutional law experts that would suggest that in order for the laws to be valid and withstand a constitutional challenge, the ACT should make further amendments.

The amendments would place further emphasis on the distinction between marriage and same-sex marriage and ensure consistent terminology throughout the Act. Experts believe the distinction is necessary to survive any challenge from the Commonwealth.

The challenge, which has been described as a David v Goliath battle between the ACT and the Commonwealth over marriage laws, will be subject to a directions hearing on Friday. The Commonwealth will continue its request for a full hearing prior to December.

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