Leslie Massey
Australia has recognised same-sex marriages since the Marriage Amendment (Definition and Religious Freedoms) Act 2017 came into effect on 9 December 2017. This legislation immediately recognised overseas same-sex marriages. The amendment followed a postal survey in which 61.6% of Australians voted in favour of marriage equality. Australia was the 23rd country in the world to legalise same-sex marriage and is now one of 38 countries to do so.
| Characteristics | Values |
|---|---|
| Date of legalisation of same-sex marriage in Australia | 9 December 2017 |
| Date the law was passed | 8 December 2017 |
| Date of the first same-sex wedding under Australian law | 15 December 2017 |
| Percentage of Australians who supported the legalisation of same-sex marriage in the postal survey | 61.6% |
| Australia's rank in the world for LGBTQIA+ rights | Among the highest |
| Australia's rank in the world for legalising same-sex marriage | 23rd |
| Number of countries that have legalised same-sex marriage | 38 |
| Number of countries in Oceania that have legalised same-sex marriage | 2 |
| Other countries in Oceania that have legalised same-sex marriage | New Zealand |
| Recognition of overseas same-sex marriages in Australia | Yes |
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What You'll Learn
Australia's Marriage Act 1961
The Marriage Act 1961 is the federal law that sets out marriage eligibility and the requirements for a marriage to be legally recognised in Australia. Before the enactment of this Act, states and territories operated their own systems of marriage law.
The Marriage Act 1961 has undergone several amendments over the years. Notably, two amendments have been made with respect to the legal definition of marriage in Australia, both relating to same-sex marriage. Before 2004, there was no definition of marriage in the 1961 Act, and the common-law definition used in the English case Hyde v Hyde (1866) was considered supreme. However, celebrants were required by Section 46(1) of the Act to explain the legal nature of marriage in Australia to a couple as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life". These words were descriptive rather than outlining what constituted a legally valid marriage in Australia.
In 2004, the federal attorney general, Philip Ruddock, introduced the Marriage Amendment Bill 2004, which incorporated a definition of marriage into the Marriage Act 1961 and outlawed the recognition of same-sex marriages lawfully entered into in foreign jurisdictions. This bill was supported by the opposition Labor Party and was partially motivated by a desire to prevent same-sex couples from having their marriages recognised by the courts.
In 2017, Australians voted in favour of marriage equality via a postal survey, with 61.6% of respondents supporting the legalisation of same-sex marriage. On 9 December 2017, the Marriage Act 1961 was amended to allow for marriage equality, giving same-sex couples the same right to marry as heterosexual couples. The Act now defines marriage as "the union of 2 people to the exclusion of all others, voluntarily entered into for life". This amendment also recognised overseas same-sex marriages, and same-sex married couples are now treated the same as other married couples in Australia.
Part IV of the Marriage Act 1961, entitled "Solemnisation of Marriages in Australia", deals with who is authorised to be a wedding celebrant and the procedures to be followed. It also contains a division on marriages by foreign diplomatic or consular officers. Under the current Act, three types of celebrants are allowed: ministers of religion, state and territory officers, and civil marriage celebrants.
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Australia's Marriage Equality
Australia has recognised same-sex marriages since 9 December 2017, when the federal Marriage Act 1961 was amended to give same-sex couples the same marriage rights as heterosexual couples. This was the result of decades of campaigning by the LGBTQIA+ communities and their supporters.
The Marriage Amendment (Definition and Religious Freedoms) Act 2017 became law on 8 December 2017 and came into effect the following day. This immediately recognised overseas same-sex marriages. The first same-sex wedding under Australian law was held on 15 December 2017.
The amendment followed a voluntary postal survey of all Australians, in which 61.6% of respondents supported the legalisation of same-sex marriage. Australia was the 23rd country in the world to legalise same-sex marriage and the second in Oceania, after New Zealand.
Prior to the Marriage Act 1961, states and territories operated their own systems of marriage law. Since 1975, the states and territories have progressively repealed anti-homosexuality laws that dated back to the colonial era. In 2016, all jurisdictions established an equal age of consent for all sexual acts. As of 2025, all jurisdictions have legally abolished the gay panic defence, and conversion therapy is banned in jurisdictions representing approximately 85% of the Australian population.
In 1985, changes were made to the Migration Act 1958 (Cth) to create an interdependency visa for same-sex couples, allowing Australian citizens and permanent residents to sponsor their same-sex partners to enter Australia.
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$82.65 $89
Australia's Recognition of Overseas Same-Sex Marriages
Australia has recognised same-sex marriages performed overseas since 9 December 2017, when the federal Marriage Act was amended to give same-sex couples the same right to marry as heterosexual couples. This was the result of a postal survey in which 61.6% of Australians voted in favour of marriage equality.
The amendment of the Marriage Act was the culmination of decades of campaigning by the lesbian, gay, bisexual, transgender, intersex, queer, and asexual (LGBTIQA+) communities and their supporters. The bill, called the Marriage Amendment (Definition and Religious Freedoms) Act 2017, became law on 8 December 2017 and came into effect the following day.
Prior to the amendment, the Howard government had introduced a bill in 2004 to insert a definition of marriage in the Act as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life". This bill also included a provision that any foreign marriages of same-sex couples "must not be recognised as a marriage in Australia". However, following the amendment of the Marriage Act in 2017, existing Commonwealth-registered marriage celebrants could choose to be a religious marriage celebrant, and a religious marriage celebrant can choose whether or not to marry same-sex couples in line with their religious beliefs.
Australia was the 23rd country in the world to legalise same-sex marriage nationwide, and it is now one of 38 countries to do so. Other types of recognition for same-sex couples are also available in Australia, such as de facto relationships, which have most of the same rights and responsibilities as married couples.
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Australia's LGBTQIA+ Rights
Australia has made significant strides in advancing the rights of its LGBTQIA+ community, particularly in the latter half of the 20th century and the early 21st century. The country now ranks among the highest in the world for LGBTQIA+ rights. This progress is the culmination of decades of campaigning by LGBTQIA+ communities and their supporters.
One of the most notable milestones in Australia's journey towards LGBTQIA+ equality was the decriminalisation of homosexual acts. From 1975 to 1997, Australian states and territories progressively repealed anti-homosexuality laws that dated back to the colonial era. South Australia was the first state to take this step in 1975, followed by the Australian Capital Territory in 1976, Victoria in 1980, the Northern Territory in 1983, New South Wales in 1984, Western Australia in 1989, Queensland in 1990, and Tasmania in 1997.
Another watershed moment for LGBTQIA+ rights in Australia was the legalisation of same-sex marriage. On December 7, 2017, the Australian Parliament passed legislation allowing same-sex couples to legally wed, following a voluntary postal survey in which 61.6% of respondents supported legalisation. This amendment to the federal Marriage Act gave same-sex couples the same right to marry as heterosexual couples, and it came into effect on December 9, 2017. The first same-sex wedding under Australian law was held on December 15, 2017.
It is important to note that the journey towards marriage equality in Australia faced opposition and was not without setbacks. In 2004, the Howard government introduced a bill that defined marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." This bill also included a provision that stipulated foreign same-sex marriages "must not be recognised as a marriage in Australia." However, the tide turned in 2017, when the Marriage Amendment (Definition and Religious Freedoms) Act 2017 became law, recognising overseas same-sex marriages and marking a significant step forward for marriage equality in Australia.
In addition to marriage equality, Australia has made progress in other areas of LGBTQIA+ rights. For example, in 1985, changes to the Migration Act allowed Australian citizens and permanent residents to sponsor their same-sex partners into the country through an interdependency visa. Australia has also abolished the 'gay panic defence' in all jurisdictions since April 1, 2021, and conversion therapy has been banned in several jurisdictions representing approximately 85% of the Australian population since October 2024.
While Australia has come a long way in recognising and protecting the rights of its LGBTQIA+ community, the fight for full equality continues. As of 2018, about 76 countries still criminalise homosexual activity, and the journey towards global acceptance and equality remains ongoing.
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Australia's Same-Sex Marriage Legalisation Timeline
Australia has recognised same-sex marriages from other countries since 9 December 2017, when the federal Marriage Act 1961 was amended to give same-sex couples the same marriage rights as heterosexual couples. This was the result of decades of campaigning by the LGBTQIA+ communities and their supporters.
1960s:
The socially progressive South Australian Labor government wanted to repeal laws criminalising homosexuality, but it was not until the 1970s that this began to gain traction.
1972:
The murder of Dr George Duncan, a law lecturer and gay man, in Adelaide led to revelations of how commonplace violence and harassment against homosexual people was.
1975:
South Australia's Criminal Law (Sexual Offences) Act was enacted, fully decriminalising homosexual acts.
1976:
Equivalent law reform was passed by the Australian Capital Territory.
1980:
Victoria decriminalises homosexuality.
1983:
The Northern Territory decriminalises homosexuality.
1984:
New South Wales decriminalises homosexuality.
1989:
Western Australia decriminalises homosexuality.
1990:
Queensland decriminalises homosexuality.
1997:
Tasmania becomes the final state to decriminalise homosexuality.
2004:
The Howard government amended the Marriage Act 1961 to define marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life". This was done to prevent Australian recognition of same-sex marriages from other countries. Despite this, calls for same-sex marriage continued to gain strength, and over 20 marriage equality bills were introduced to parliament between 2004 and 2016.
2008 and 2013:
Federal legislation made it illegal to discriminate against same-sex couples and their children, although same-sex marriage was specifically excluded.
2016:
A bill providing for a plebiscite on same-sex marriage passed the House of Representatives, but was rejected by the Senate.
August 2017:
Several Liberal Party MPs stated they would consider crossing the floor to force debate on same-sex marriage legislation. The government resolved to conduct a voluntary postal survey on the matter.
September-November 2017:
The voluntary postal survey was conducted, with 61.6% of respondents supporting the legalisation of same-sex marriage.
7 December 2017:
The Marriage Amendment (Definition and Religious Freedoms) Act 2017 passed the Parliament.
8 December 2017:
The Marriage Amendment Act received royal assent and became law.
9 December 2017:
The Marriage Amendment Act came into effect, amending the federal Marriage Act 1961 and recognising overseas same-sex marriages.
15 December 2017:
The first same-sex wedding under Australian law was held.
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Frequently asked questions
Yes, Australia has recognised overseas same-sex marriages since 9 December 2017.
Australians voted in favour of marriage equality via a postal survey in 2017. The Marriage Act 1961 was then updated to allow for marriage equality, defining marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'.
Australia is among 27 countries that recognise same-sex marriage, including New Zealand, Canada, the United States, the United Kingdom, France, Germany, and many South American and European countries.
