edited
29th Dec 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - in Committee - Religious and conscientious protection
Not passed by a small majority
No rebellions 92% attendance
29th Nov 2017, 10:34 AM – Senate Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - in Committee - Religious versus civil marriage celebrants
Summary
EditThe majority voted in favour of keeping items 5, 8 to 17 and 64 and part 4 of schedule 1 unchanged. In parliamentary jargon, they voted for those items to stand as printed.
These items were opposed by One Nation Senator Pauline Hanson (Qld) and they related to who counted as a religious marriage celebrant (as opposed to civil celebrant) and what that meant for the application of anti-discrimination laws. Senator Hanson argued that:
The difference in definition between religious marriage celebrants and civil marriage celebrants is unnecessary. If a marriage celebrant wants to refuse to solemnise a marriage, they should be entitled to do so without recrimination.
Why did some Liberals vote Yes and others No?
The Liberal Party 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 Liberal Party 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.
Votes Passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Cory Bernardi SA Australian Conservatives | No | |
| Australian Greens (100% turnout) | 9 Yes – 0 No | |
| Andrew Bartlett Queensland | Yes | |
| Richard Di Natale Victoria | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Nick McKim Tasmania | Yes | |
| Lee Rhiannon NSW | Yes | |
| Janet Rice Victoria | Yes | |
| Rachel Siewert WA | Yes | |
| Jordon Steele-John WA | Yes | |
| Peter Whish-Wilson Tasmania | Yes | |
| Australian Labor Party (72% turnout) | 18 Yes – 0 No | |
| Catryna Bilyk Tasmania | Yes | |
| Carol Brown Tasmania | Yes | |
| Doug Cameron NSW | Yes | |
| Kim Carr Victoria | Yes | |
| Anthony Chisholm Queensland | Yes | |
| Jacinta Collins Victoria | Yes | |
| Chris Ketter Queensland | Yes | |
| Kimberley Kitching Victoria | Yes | |
| Jenny McAllister NSW | Yes | |
| Malarndirri McCarthy NT | Yes | |
| Claire Moore Queensland | Yes | |
| Deborah O'Neill NSW | Yes | |
| Helen Polley Tasmania | Yes | |
| Louise Pratt WA | Yes | |
| Lisa Singh Tasmania | Yes | |
| Anne Urquhart Tasmania | Yes | |
| Murray Watt Queensland | Yes | |
| Penny Wong SA | Yes | |
| Sam Dastyari NSW | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Alex Gallacher SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Gavin Marshall Victoria | Absent | |
| Glenn Sterle WA | Absent | |
| Nigel Scullion NT Country Liberal Party | Absent | |
| Derryn Hinch Victoria Derryn Hinch's Justice Party | Yes | |
| Sue Lines WA Deputy President | Yes | |
| Lucy Gichuhi SA Independent | Absent | |
| David Leyonhjelm NSW Liberal Democratic Party | No | |
| Liberal National Party (50% turnout) | 0 Yes – 1 No | |
| James McGrath Queensland | No | |
| Matthew Canavan Queensland | Absent | |
| Liberal Party (70% turnout) | 5 Yes – 9 No | |
| Simon Birmingham SA | Yes | |
| Jane Hume Victoria | Yes | |
| Marise Payne NSW | Yes | |
| Linda Reynolds WA | Yes | |
| Dean Smith WA | Yes | |
| Eric Abetz Tasmania | No | |
| David Bushby Tasmania | No | |
| Michaelia Cash WA | No | |
| Jonathon Duniam Tasmania | No | |
| Concetta Fierravanti-Wells NSW | No | |
| Ian Macdonald Queensland | No | |
| James Paterson Victoria | No | |
| Anne Ruston SA | No | |
| Zed Seselja ACT | No | |
| George Brandis Queensland | Absent | |
| Slade Brockman WA | Absent | |
| Mathias Cormann WA | Absent | |
| David Fawcett SA | Absent | |
| Mitch Fifield Victoria | Absent | |
| Arthur Sinodinos NSW | Absent | |
| National Party (33% turnout) | 0 Yes – 1 No | |
| Barry O'Sullivan Queensland | No | |
| Bridget McKenzie Victoria | Absent | |
| John Williams NSW | Absent | |
| Nick Xenophon Team (100% turnout) | 2 Yes – 0 No | |
| Stirling Griff SA | Yes | |
| Rex Patrick SA | Yes | |
| Pauline Hanson's One Nation Party (100% turnout) | 0 Yes – 4 No | |
| Fraser Anning Queensland | No | |
| Brian Burston NSW | No | |
| Peter Georgiou WA | No | |
| Pauline Hanson Queensland | No | |
| Scott Ryan Victoria President | Absent | |
| Totals (74% turnout) | 36 Yes – 17 No |
Turnout is the percentage of members eligible to vote that did vote.