Letters to the Editors
The Challenge to Protect Marriage
To The Editors:
The comments by the Rev. Walter E. Orthwein in his editorial, New
Church Virtues: Reverence (under the subheading, Reverence for Marriage,
New Church Life, page 447), are particularly pertinent to those living in the
Australian Capital Territory (ACT), where I reside.
As I write this letter in late October, it is only a few days ago that the ACT
Government passed a law to legalize same-sex marriage on the grounds that,
with regard to love and choice of marriage partner, everyone is entitled to
freedom of choice and equal treatment, regardless of gender. However, the
Australian (federal) Government has jurisdiction over marriage, and under
federal law, marriage is defined as the union of a man with a woman.
Almost immediately, the Australian Government challenged the
ACT Government in the High Court in an attempt to repeal the ACT law,
arguing that it conflicts with the Federal Marriage Act and is therefore
unconstitutional. Since the challenge is made purely on constitutional grounds
and not on religious or moral grounds, it cannot be assumed that it was made
because of any opposition to same-sex marriage. The result of the challenge
was expected to be known in December.
[On December 12, Heulwen Ridgway sent this update: “Today the High
Court of Australia announced that it had struck down the ACT law which
legalized same-sex marriage. The decision was unanimous and was made on
the grounds that the ACT law conflicts with the federal Marriage Act and is
therefore unconstitutional. The only way now to legalize same-sex marriage
in Australia is by attempting to change the Federal Marriage Act through
Federal Parliament. Meantime, the same-sex marriages that were contracted
in the five-day window of opportunity before today’s announcement will be
annulled.”]
This outcome of the High Court challenge in the ACT has important
implications for the whole of Australia and, I believe, for the New Church
also. If the Australian Government had lost the challenge, the ACT law
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