History of same-sex marriage in Australia

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The history of same-sex marriage in Australia includes its express prohibition by the Howard government in 2004 and its eventual legalisation by the Parliament in December 2017. Although a same-sex marriage law was passed by the Australian Capital Territory in 2013, it was struck down by the High Court on the basis of inconsistency with federal law.^[1] The Court's decision closed the possibility of concurrent state or territory laws that would allow same-sex marriage where federal law did not.^[1] A law legalising same-sex marriage passed the Parliament on 7 December 2017 and received royal assent the following day.^[2]

Between September 2004 and October 2017, there were 22 unsuccessful attempts in the Federal Parliament to legalise or recognise same-sex marriage under federal law.^[3] Former Prime Minister Malcolm Turnbull supported same-sex marriage during his time in office when same-sex marriage was legalised by the Parliament.^[4][5] The Turnbull government went to the 2016 federal election with a policy to put the issue of same-sex marriage to a plebiscite, and was narrowly re-elected, though the legislation to establish the plebiscite was rejected by the Australian Senate in November 2016 and again in August 2017.^[6]

Consequently, the government conducted a voluntary postal survey between 12 September and 7 November 2017, ascertaining the views of Australians on legislating for same-sex marriage. The survey did not require parliamentary approval and despite being legally challenged, was upheld by the High Court. The government pledged to facilitate the passage of a private member's bill legalising same-sex marriage in the Parliament if a majority of respondents voted "Yes" in the survey. The results of the survey were announced on 15 November 2017; 61.6% of respondents voted for same-sex marriage.^[7]