Same-sex marriage in the Australian Capital Territory

Part of the LGBT rights series
Legal status of same-sex unions
Marriage Andorra Argentina Australia Austria Belgium Brazil Canada Chile Colombia Costa Rica Cuba Denmark Ecuador Estonia Finland France Germany Greece Iceland Ireland Liechtenstein* Luxembourg Malta Mexico Netherlands1 New Zealand2 Norway Portugal Slovenia South Africa Spain Sweden Switzerland Taiwan Thailand* United Kingdom3 United States4 Uruguay Recognized Israel5
Civil unions and registered partnerships Bolivia Croatia Cyprus Czech Republic Hungary Italy Israel5 Latvia Monaco Montenegro San Marino United Kingdom:   • Bermuda   • Cayman Islands
Minimal recognition Bulgaria6 Cambodia:7   • 68 communes China:8   • Hong Kong9 India10 Japan11   • 468 jurisdictions Lithuania6 Namibia12 Nepal Netherlands:1   • St Maarten Poland6 Romania13 Slovakia6 South Korea14
See also Same-sex union legislation Same-sex union court cases Timeline of same-sex marriage Recognition of same-sex unions in Africa Recognition of same-sex unions in Asia Recognition of same-sex unions in Europe Recognition of same-sex unions in the Americas Recognition of same-sex unions in Oceania Marriage privatization Divorce of same-sex couples Domestic partnership Military policy Adoption Listings by country LGBT rights by country or territory
Notes KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands. UK: Neither performed nor recognized in six British Overseas Territories. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights. Romania: Hospital visitation rights through a "legal representative" status. South Korea: Spousal health insurance benefits * Not yet in effect
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Same-sex marriage is legal in the Australian Capital Territory, and in the rest of Australia, after the Federal Parliament legalised same-sex marriage in December 2017.^[1]

The Australian Capital Territory is unique in being the only state or territory jurisdiction in Australia to have independently legalised same-sex marriage. The High Court of Australia nullified a same-sex marriage law that had been passed by the Australian Capital Territory (ACT) legislature on 19 September 2013. The Abbott government challenged the law shortly after passage and the High Court voided the legislation on 12 December 2013. The 31 same-sex marriages that had been performed under the ACT legislation were consequently void.^[2]

The ACT was the first jurisdiction in Australia to legally recognise same-sex couples in 1994. It was the second to allow joint adoption petitions by same-sex couples in 2003, following Western Australia. It also is the first (and currently, only) jurisdiction to allow Civil unions after its Civil Unions Act passed the Legislative Assembly in 2012.^[3][4] Previously, identical legislation was successfully rejected by the federal Howard government in 2006.^[5] In 2013, the Legislative Assembly voted to legalise same-sex marriage,^[6] but this law was struck down by the Australian High Court.