7th Dec 2017, 11:03 AM – Representatives Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - Consideration in Detail - Def of marriage + conscientious protections

The majority voted against amendments introduced by Liberal MP Michael Sukkar, which means they failed.

What were the amendments?

Sukkar MP described his first amendment as "symbolic" explaining that:

my proposal ... is that we have a definition of marriage that includes 'the union of two people to the exclusion of all others, voluntarily entered into for life, or the union of a man and a woman to the exclusion of all others, voluntarily entered into for life'. Note that there are two categories there but one definition of marriage, one that appropriately recognises and fulfils our obligation to meet the will of the Australian people in allowing same-sex couples to marry but also ensures that a definition, a belief and an understanding of marriage that has been understood from time immemorial is also contained in that piece of legislation.

He described the second amendment as "practical", explaining that it:

essentially, extends the religious and conscientious protections to celebrants. ... [C]elebrants who are not religious ministers should still be able to refuse to solemnise a marriage, consistent with their religious convictions ... I'd say there are lots of people who would have objections for very secular reasons, which have nothing to do with religion, and they should not be forced to conduct ceremonies.

Why did some Coalition MPs vote Yes and others No?

The Coalition was split on this issue, with some voting Yes and others voting No. This split within the party is unusual but, given the nature of the subject matter of the vote, the Coalition decided to run this as a free vote, meaning that its members could vote however they chose rather than having to vote along party lines.

What does this bill do?

This bill will allow same-sex couples to marry under Australian law. However, it will also:

enable ministers of religion, religious marriage celebrants, chaplains and bodies established for religious purposes to refuse to solemnise or provide facilities, goods and services for marriages on religious grounds; and make amendments ... to provide that a refusal by a minister of religion, religious marriage celebrant or chaplain to solemnise marriage in prescribed circumstances does not constitute unlawful discrimination.

Read more in the bills digest.