Ultimately, the Commonwealth's power to enact legislation for same-sex marriages depends on whether the constitutional meaning of 'marriage' in s 51 (xxi) includes same-sex unions. The connotation/denotation distinction is argued to accommodate adaptability and flexibility within the Constitution as it recognises the core meaning of a term as well as its application on evolving circumstances. However, there are also arguments against this model, asserting that it is contradicting and does not hold sufficient significance for the matter of marriage due to its lack of practical utility in respect to the contemporary understanding of marriage.
Nevertheless, in applying this model, two outcomes may arise. If the constitutional meaning of 'marriage'
Nevertheless, in applying this model, two outcomes may arise. If the constitutional meaning of 'marriage'