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Rival same-sex marriage bill to trigger Coalition showdown Rival same-sex marriage bill to trigger Coalition showdown
(4 months later)
A marriage bill allowing wide-ranging discrimination against same-sex weddings has been released by the Liberal senator James Paterson in an attempt to force a Coalition party-room debate about which bill should be used to legislate marriage equality in the event of a yes vote.A marriage bill allowing wide-ranging discrimination against same-sex weddings has been released by the Liberal senator James Paterson in an attempt to force a Coalition party-room debate about which bill should be used to legislate marriage equality in the event of a yes vote.
The bill, released on Monday, would override state and territory anti-discrimination laws to allow the refusal of same-sex weddings by anyone who holds a religious or “conscientious belief” in traditional marriage, allowing discrimination by private service providers.The bill, released on Monday, would override state and territory anti-discrimination laws to allow the refusal of same-sex weddings by anyone who holds a religious or “conscientious belief” in traditional marriage, allowing discrimination by private service providers.
Paterson told ABC News Breakfast he intended to protect the freedoms of the 30% to 40% of Australians who were likely to have voted against same-sex marriage.Paterson told ABC News Breakfast he intended to protect the freedoms of the 30% to 40% of Australians who were likely to have voted against same-sex marriage.
Marriage equality advocates, Labor and Liberal moderates have criticised the move, calling for the Liberal senator Dean Smith’s bill to be used and warning parliament against introducing new forms of discrimination.Marriage equality advocates, Labor and Liberal moderates have criticised the move, calling for the Liberal senator Dean Smith’s bill to be used and warning parliament against introducing new forms of discrimination.
The Australian Marriage Equality co-chair Alex Greenwich has warned the bill could have unintended consequences including discrimination against divorced people remarrying and people who have had children out of wedlock.The Australian Marriage Equality co-chair Alex Greenwich has warned the bill could have unintended consequences including discrimination against divorced people remarrying and people who have had children out of wedlock.
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Paterson is a supporter of same-sex marriage who has been outspoken about the need to protect religious freedom but the bill is expected to enjoy substantial support from opponents of marriage equality as it implements demands from Tony Abbott, Matt Canavan, Ian Goodenough, Michael Sukkar, Zed Seselja, Andrew Hastie, Eric Abetz and Kevin Andrews.Paterson is a supporter of same-sex marriage who has been outspoken about the need to protect religious freedom but the bill is expected to enjoy substantial support from opponents of marriage equality as it implements demands from Tony Abbott, Matt Canavan, Ian Goodenough, Michael Sukkar, Zed Seselja, Andrew Hastie, Eric Abetz and Kevin Andrews.
The results of the marriage law survey will be announced by the Australian Bureau of Statistics on Wednesday but Malcolm Turnbull’s commitment to facilitate an unspecified private member’s bill in the event of a yes vote has unleashed infighting in the government about which bill to use.The results of the marriage law survey will be announced by the Australian Bureau of Statistics on Wednesday but Malcolm Turnbull’s commitment to facilitate an unspecified private member’s bill in the event of a yes vote has unleashed infighting in the government about which bill to use.
Smith has produced a bill out of the recommendations of a Senate committee inquiry that is co-signed by four Liberal moderates, enjoys support from Labor and qualified support from the Greens, who intend to seek amendments.Smith has produced a bill out of the recommendations of a Senate committee inquiry that is co-signed by four Liberal moderates, enjoys support from Labor and qualified support from the Greens, who intend to seek amendments.
Smith has said he will introduce his bill on Thursday, but Paterson told Guardian Australia he would seek a meeting with Smith to discuss a “shared path forward” and does not believe that “any material steps” should be taken until a discussion in the Coalition party room, which next meets in two weeks.Smith has said he will introduce his bill on Thursday, but Paterson told Guardian Australia he would seek a meeting with Smith to discuss a “shared path forward” and does not believe that “any material steps” should be taken until a discussion in the Coalition party room, which next meets in two weeks.
The Paterson bill shields service providers from discrimination law for refusing goods and services that are directly related to a same-sex wedding, allowing discrimination by businesses such as florists, bakers, hotels, photographers and function centres.The Paterson bill shields service providers from discrimination law for refusing goods and services that are directly related to a same-sex wedding, allowing discrimination by businesses such as florists, bakers, hotels, photographers and function centres.
Greenwich told ABC News 24 this was “not acceptable” because Australia had moved past times where there was “a sign outside the shops about who you will and won’t serve”.Greenwich told ABC News 24 this was “not acceptable” because Australia had moved past times where there was “a sign outside the shops about who you will and won’t serve”.
The “relevant marriage beliefs” protected by the bill begin with “a genuine religious or conscientious belief that marriage is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life” but extends to any beliefs that “support” that view.The “relevant marriage beliefs” protected by the bill begin with “a genuine religious or conscientious belief that marriage is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life” but extends to any beliefs that “support” that view.
Examples listed in the bill include the belief that “sexual relations should only occur within a marriage”.Examples listed in the bill include the belief that “sexual relations should only occur within a marriage”.
Greenwich warned this could harm divorced people or those who had children out of marriage including “everything from buying flowers at anniversaries, to checking into a hotel and being told you can’t stay there, through to vaccinations at a doctor when going on honeymoon”.Greenwich warned this could harm divorced people or those who had children out of marriage including “everything from buying flowers at anniversaries, to checking into a hotel and being told you can’t stay there, through to vaccinations at a doctor when going on honeymoon”.
Paterson said it was not the intent of the bill to exclude such couples from services, only to protect the expression of certain views about marriage.Paterson said it was not the intent of the bill to exclude such couples from services, only to protect the expression of certain views about marriage.
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The bill would introduce “anti-detriment” provisions that prevent government authorities from taking adverse action on the basis of the fact the person holds a relevant marriage belief, including in the spheres of employment and licensing professionals such as doctors.The bill would introduce “anti-detriment” provisions that prevent government authorities from taking adverse action on the basis of the fact the person holds a relevant marriage belief, including in the spheres of employment and licensing professionals such as doctors.
It allows people who believe they have been “victimised” on the basis of their marriage beliefs to seek court orders, injunctions and damages for loss suffered.It allows people who believe they have been “victimised” on the basis of their marriage beliefs to seek court orders, injunctions and damages for loss suffered.
Charities that do not believe in same-sex marriage could not be stripped of their charitable status, while religious schools and institutions would be protected in teaching marriage that marriage is between a man and a woman.Charities that do not believe in same-sex marriage could not be stripped of their charitable status, while religious schools and institutions would be protected in teaching marriage that marriage is between a man and a woman.
The bill also includes a clause allowing parents to remove their children from classes if they believe the values taught do not accord with a traditional view of marriage.The bill also includes a clause allowing parents to remove their children from classes if they believe the values taught do not accord with a traditional view of marriage.
“If the parliament opts for a narrower bill with fewer protections, I fear we will see some Australians seek to impose their values on others, with court cases and other legal mechanisms,” Paterson warned.“If the parliament opts for a narrower bill with fewer protections, I fear we will see some Australians seek to impose their values on others, with court cases and other legal mechanisms,” Paterson warned.
“No one should want to see the messy court cases that have occurred after same-sex marriage was legalised in other countries.”“No one should want to see the messy court cases that have occurred after same-sex marriage was legalised in other countries.”
The deputy Labor leader, Tanya Plibersek, told Radio National the Paterson bill was “one more delaying tactic from the people that brought you the $122m waste of money postal survey”.The deputy Labor leader, Tanya Plibersek, told Radio National the Paterson bill was “one more delaying tactic from the people that brought you the $122m waste of money postal survey”.
She said the fact conservatives had found one same-sex marriage supporter as “the frontman” for the bill did nothing to hide where it came from.She said the fact conservatives had found one same-sex marriage supporter as “the frontman” for the bill did nothing to hide where it came from.
“Are we really saying in Australia today that you can refuse to serve someone because they’re gay?” Plibersek said.“Are we really saying in Australia today that you can refuse to serve someone because they’re gay?” Plibersek said.
“You cannot say I’m not going to bake you a cake because I don’t agree with a black person and a white person getting married, or I’m not going to bake you a cake because you’re too old to get married ... or you’re divorced, and my faith says divorced people can’t get married.”“You cannot say I’m not going to bake you a cake because I don’t agree with a black person and a white person getting married, or I’m not going to bake you a cake because you’re too old to get married ... or you’re divorced, and my faith says divorced people can’t get married.”
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Birmingham told Sky News he remained of the view Smith’s bill was the “appropriate starting point” and suggested Paterson and others should introduce changes by way of amendment.Birmingham told Sky News he remained of the view Smith’s bill was the “appropriate starting point” and suggested Paterson and others should introduce changes by way of amendment.
“As we move … to remove one form of discrimination we want to make sure we don’t put in place other forms of discrimination instead,” he said.“As we move … to remove one form of discrimination we want to make sure we don’t put in place other forms of discrimination instead,” he said.
Birmingham said if there was a yes vote, Coalition MPs and senators would have a free vote in parliament and a private member’s bill, by definition, does not need the approval of the Coalition party room.Birmingham said if there was a yes vote, Coalition MPs and senators would have a free vote in parliament and a private member’s bill, by definition, does not need the approval of the Coalition party room.
The influential conservative Mathias Cormann told Radio National it was “up to the parliament” to decide which bill was used as a starting point. “There won’t be a government position, there won’t be a formal party-room position,” he said.The influential conservative Mathias Cormann told Radio National it was “up to the parliament” to decide which bill was used as a starting point. “There won’t be a government position, there won’t be a formal party-room position,” he said.
Paterson said the bill was “not a reason to delay legislating same-sex marriage”. In the event of a yes vote parliament should legislate “before Christmas, with additional sitting weeks if necessary”, he said.Paterson said the bill was “not a reason to delay legislating same-sex marriage”. In the event of a yes vote parliament should legislate “before Christmas, with additional sitting weeks if necessary”, he said.
A Just Equal spokesman, Rodney Croome, said if there were a yes vote “it will be a vote for full equality, and not further discrimination”.A Just Equal spokesman, Rodney Croome, said if there were a yes vote “it will be a vote for full equality, and not further discrimination”.
“A yes vote will mean Australia has conclusively rejected the no campaign’s myth that marriage equality is a threat to freedom, and that special safeguards are required to guard against this threat,” he said.“A yes vote will mean Australia has conclusively rejected the no campaign’s myth that marriage equality is a threat to freedom, and that special safeguards are required to guard against this threat,” he said.
Marriage equalityMarriage equality
Same-sex marriage postal surveySame-sex marriage postal survey
CoalitionCoalition
LGBT rightsLGBT rights
Australian politicsAustralian politics
Law (Australia)Law (Australia)
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