A legal challenge to the ACT’s marriage equality laws will begin in the High Court on Tuesday.

A full bench of the court, Australia’s highest legal jurisdiction, will hear a challenge from The Commonwealth seeking to discredit the validity of a same-sex bill approved by the ACT in October.

During a hearing scheduled to start at 10.15am (AEDT) the Commonwealth will ask the court to consider eight legal questions as it argues the new law is inconsistent with the federal Marriage Act which it regards as the sole and uniform code.

But the ACT will defend its legislation, maintaining there is scope for states and territories to legalise marriage between same-sex couples.

Marriage equality advocates are expected to attend the Canberra court on Tuesday in support of the ACT’s laws.