(Transcript from World News Australia Radio)
In a unanimous decision, the Court has found the ACT marriage act cannot operate concurrently with the federal marriage act.
Thea Cowie reports.
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Ivan Hinton took the first possible opportunity to marry his partner of eleven years - Chris Teoh - on Saturday.
Now, just days after tying the knot, his marriage is being annulled.
But an emotional Mr Hinton says in his heart, he's still married.
"Clearly this is personally devastating. I've made commitments to Chris to spend the rest of my life with him through sickness and in health, in the good times and bad. And today's not particularly good."
Mr Hinton and Mr Teoh are just one of around 30 couples whose marriages have been unceremoniously invalidated.
A same-sex marriage advocate outside the High Court says the ruling is a step backwards.
"Just before the High Court decision came down I was waiting with everyone and was looking at our national emblem of the kangaroo and the emu and it reminded me of when I was in primary school and we came to Canberra and we were told that the reason those emblems were chosen was because those animals could not walk backwards: they could only walk forwards. So I hope the next time we're here the people who work in this building take a good look around."
But religious campaigners are welcoming the ruling.
"Oh we give thanks to you hallelujah, hallelujah, hallelujah, hallelujah. Oh lord with give thanks to you."
JOURNALISTS: "What would you say to the 27 couples whose marriages have now been annulled? What are you giving thanks for?"
"Hallelujah, god loves them, god loves them."
Managing Director of the Australian Christian Lobby Lyle Shelton says same-sex marriage means same-sex parenting and that's his biggest worry when it comes to changing marriage laws.
"If people are asked, should a child wherever possible be raised by its biological mother and father, 73 per cent of people say that should occur so I think that we haven't really had a proper debate on this issue or the potential consequences particularly for children. I think in any civic society we should put the needs of children, their rights, before the rights of adults."
In the High Court, the ACT argued unsuccessfully that the Commonwealth Marriage Act only deals with the legal status of opposite-sex couples and therefore the Territory's same-sex legislation could operate alongside the federal law.
But the Court found the 1961 Commonwealth Act prohibits laws conferring the status of marriage on others, including same-sex couples.
Sydney University constitutional lawyer Professor Anne Twomey has told the ABC it's not particularly uncommon for a unanimous ruling from the High Court.
"It does happen from time to time but it particularly happens when the High Court thinks it's important to send out a clear message. One of the best things about this judgment is that it's very, very clear. It really means the issue goes back into the Federal Parliament where it should be decided, rather than in the courts. The ACT was trying to get through on technicalities and loopholes. The High Court just completely wiped them out, said that no, the ACT is not different to anywhere else, that the same inconsistency rules apply to it and on that basis its law was held invalid."
Australian Marriage Equality national convenor Rodney Croome [kroom] says the decision is very disappointing, but it does help same-sex marriage advocates target their campaigns in future.
"It has affirmed for the first time ever that the federal parliament definitely has the power to enact laws for same-sex marriage. Many people have assumed that until now but it has never been declared by the Court. Now it has and that puts the ball firmly in the federal government's court and increases pressure, in particular on Tony Abbott and the federal Coalition to allow a conscience vote on marriage equality so this issue can move forward."
In their ongoing fight for marriage equality, advocates will have the support of a a federal Cross Party Working Group for Marriage Equality established earlier in the week.
Greens Senator Sarah Hanson-Young is serving on the group alongside Liberal party senator Sue Boyce and Labor Senator Louise Pratt.
Ms Hanson-Young says the High Court ruling is just another bump on the road to same-sex marriage recognition.
"Hearts right across Canberra this afternoon and indeed across the nation will be breaking. This is a devastating judgment for couples who finally, finally felt that at least under law that there was recognition of their relationships. Can I just say your love is equal to these couples, your love is equal. And we will win this fight. Love will win, and it will be in this place: in the Federal Parliament."
Same-sex marriage is legally recognised in 18 countries, as well as 16 US states.
