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Same-sex marriage bill introduced in Senate after historic yes win – as it happened | |
(35 minutes later) | |
It will be remembered as a pivotal day in Australia’s history. The Australian public has left the parliament in no doubt. The support for same-sex marriage is clear. | |
The focus is now well and truly on the Senate, where debate over Dean Smith’s marriage equality bill will begin in earnest tomorrow. | |
Here are the key points from the past 12 hours in politics. | |
Australia voted 61.6% in favour of marriage equality. The poll had a 79.5% participation rate. | |
James Paterson withdrew plans to introduce a rival same-sex marriage bill. | |
That leaves only Dean Smith’s original bill, which was introduced to the Senate on Wednesday afternoon. It will be subject to proposals for amendments. Conservatives want to see additional protections to ensure freedom of religion, freedom of expression and freedom of political choice are not threatened. Debate on the Smith bill will begin tomorrow. It will be sent back to the House of Representatives, which will consider the bill when it sits next later this month. | |
Malcolm Turnbull said he hopes for same-sex marriage in Australia before Christmas. | |
Tony Abbott said he will respect the vote, but urged Australia to remember the almost five million people who voted no. Abbott signalled he would go to his sister’s same-sex wedding. | |
Hollie Hughes, the NSW Liberal who was to replace Fiona Nash, was ruled ineligible by the high court. | |
South Australia has dumped the banking tax, a measure which was vigorously opposed by the banking sector. | |
Campaigning continues in Bennelong. Kristina Keneally and John Alexander ran into each other on the campaign trail, an awkward encounter that was captured by the cameras. Keneally was attacked in the morning tabloids for her past links to Eddie Obeid and Joe Tripodi. She dismissed the criticism and reminded the nation she was a star witness to Icac. | |
Thanks again for staying with me. We’ll be back again tomorrow, covering the developments with the Dean Smith bill, which will be subject to vigorous debate in the Senate. | |
Malcolm Turnbull has just delivered a stinging rebuke to his colleague, Kevin Andrews. You’ll remember earlier today, Andrews suggested he was hunky-dory with an Islamic baker refusing to serve a Jewish person’s wedding. It was a rather surprising claim. Conservatives, though, have been pushing for stronger protections for businesses like bakeries to refuse service to same-sex weddings. | Malcolm Turnbull has just delivered a stinging rebuke to his colleague, Kevin Andrews. You’ll remember earlier today, Andrews suggested he was hunky-dory with an Islamic baker refusing to serve a Jewish person’s wedding. It was a rather surprising claim. Conservatives, though, have been pushing for stronger protections for businesses like bakeries to refuse service to same-sex weddings. |
“I absolutely do not agree with Kevin Andrews that bakers should be able to discriminate against people, whether it’s on the basis of their religion,” Turnbull told Triple J’s Hack program. “I found that an extraordinary proposition.” | “I absolutely do not agree with Kevin Andrews that bakers should be able to discriminate against people, whether it’s on the basis of their religion,” Turnbull told Triple J’s Hack program. “I found that an extraordinary proposition.” |
Turnbull said it was “absolutely my goal” to get the same-sex marriage bill through parliament by Christmas. | Turnbull said it was “absolutely my goal” to get the same-sex marriage bill through parliament by Christmas. |
“I’m very confident that we will get it done before Christmas,” he said. | “I’m very confident that we will get it done before Christmas,” he said. |
But he signalled that, because it was a free vote, the responsibility for the timing rested on everyone in parliament. | But he signalled that, because it was a free vote, the responsibility for the timing rested on everyone in parliament. |
He said he was hopeful same-sex couples would be able to get married “as soon as possible” once the bill was passed and signed into law by the governor general. | He said he was hopeful same-sex couples would be able to get married “as soon as possible” once the bill was passed and signed into law by the governor general. |
The new Greens senator, Andrew Bartlett, could face further questions about his eligibility following the ruling on Hollie Hughes today. | The new Greens senator, Andrew Bartlett, could face further questions about his eligibility following the ruling on Hollie Hughes today. |
The high court heard today that Bartlett, who officially replaced Larissa Waters in the Senate this week, still had a cloud hanging over his eligibility. | The high court heard today that Bartlett, who officially replaced Larissa Waters in the Senate this week, still had a cloud hanging over his eligibility. |
Prof George Williams, who had been warning that Hughes could face disqualification, has also warned that Bartlett could face a potential challenge for having worked for the Australian National University while nominated for the Senate. | Prof George Williams, who had been warning that Hughes could face disqualification, has also warned that Bartlett could face a potential challenge for having worked for the Australian National University while nominated for the Senate. |
The high court is yet to consider whether university employment is considered as receiving profit from an office under the crown. | The high court is yet to consider whether university employment is considered as receiving profit from an office under the crown. |
Bartlett has previously addressed the issue of his potential challenge by referring to legal advice obtained by the Greens that did not see university work as an issue. | Bartlett has previously addressed the issue of his potential challenge by referring to legal advice obtained by the Greens that did not see university work as an issue. |
But on Wednesday the solicitor general, Stephen Donaghue, told the court that Bartlett’s position had not actually been tested and the Senate might have to refer him to the high court to do so. | But on Wednesday the solicitor general, Stephen Donaghue, told the court that Bartlett’s position had not actually been tested and the Senate might have to refer him to the high court to do so. |
Our photographer extraordinaire, Mike Bowers, has had a busy day. He was down in the Senate for the momentous moment Dean Smith’s marriage equality bill was introduced. | Our photographer extraordinaire, Mike Bowers, has had a busy day. He was down in the Senate for the momentous moment Dean Smith’s marriage equality bill was introduced. |
Former prime minister Tony Abbott famously declared at the start of this campaign: | Former prime minister Tony Abbott famously declared at the start of this campaign: |
I say to you if you don’t like same-sex marriage, vote no. If you’re worried about religious freedom and freedom of speech, vote no, and if you don’t like political correctness, vote no, because voting no will help to stop political correctness in its tracks. | I say to you if you don’t like same-sex marriage, vote no. If you’re worried about religious freedom and freedom of speech, vote no, and if you don’t like political correctness, vote no, because voting no will help to stop political correctness in its tracks. |
Well, Australia has answered those questions in resounding fashion. | Well, Australia has answered those questions in resounding fashion. |
But now Abbott says it’s important that we acknowledge the almost five million people who supported the traditional view of marriage. | But now Abbott says it’s important that we acknowledge the almost five million people who supported the traditional view of marriage. |
Abbott has just spoken on 2GB. He said the result is a “vindication of the process” that was initiated by his government and continued by Malcolm Turnbull. He now wants to see the bill progressed as quickly as possible. | Abbott has just spoken on 2GB. He said the result is a “vindication of the process” that was initiated by his government and continued by Malcolm Turnbull. He now wants to see the bill progressed as quickly as possible. |
I think that it is good that everyone had a say, I think that the result now should be respected. Respected by the community, respected by the parliament and I certainly intend to facilitate the passage of a bill. | I think that it is good that everyone had a say, I think that the result now should be respected. Respected by the community, respected by the parliament and I certainly intend to facilitate the passage of a bill. |
I think it’s important, as well, to acknowledge today that almost five million people supported marriage between a man and a woman. And I think what we need to see from amendments to the Dean Smith bill is respect and support for freedom of religion, freedom of conscience and freedom of political choice. | I think it’s important, as well, to acknowledge today that almost five million people supported marriage between a man and a woman. And I think what we need to see from amendments to the Dean Smith bill is respect and support for freedom of religion, freedom of conscience and freedom of political choice. |
We can’t discriminate against people who support same-sex marriage, we can’t discriminate against people who support marriage between a man and a woman. | We can’t discriminate against people who support same-sex marriage, we can’t discriminate against people who support marriage between a man and a woman. |
Will he be at his sister’s wedding? | Will he be at his sister’s wedding? |
It’ll be a family occasion and I don’t normally miss family occasions. | It’ll be a family occasion and I don’t normally miss family occasions. |
Liberal member Hollie Hughes is ineligible to replace Nationals senator Fiona Nash in the Senate, by unanimous decision of the high court. | Liberal member Hollie Hughes is ineligible to replace Nationals senator Fiona Nash in the Senate, by unanimous decision of the high court. |
Hughes held the sixth spot on the Coalition’s Senate ticket at the 2016 election and was tipped to replace Nash after the high court found Nash was ineligible because she held British citizenship by descent from her Scottish-born father. | Hughes held the sixth spot on the Coalition’s Senate ticket at the 2016 election and was tipped to replace Nash after the high court found Nash was ineligible because she held British citizenship by descent from her Scottish-born father. |
But the high court on Wednesday found Hughes was ineligible to replace Nash. It dismissed the summons to have Hughes declared a senator as Nash’s replacement, with reasons to be delivered at a later date. The court was said the commonwealth should pay Hughes’s legal costs. | But the high court on Wednesday found Hughes was ineligible to replace Nash. It dismissed the summons to have Hughes declared a senator as Nash’s replacement, with reasons to be delivered at a later date. The court was said the commonwealth should pay Hughes’s legal costs. |
Questions had been raised about Hughes’s eligibility because Hughes had been appointed by George Brandis to the administrative appeals tribunal in June 2017 after she missed out on a Senate seat at the 2016 election. Section 44(iv) of the constitution disqualifies anyone who holds an office of profit under the crown from election. | Questions had been raised about Hughes’s eligibility because Hughes had been appointed by George Brandis to the administrative appeals tribunal in June 2017 after she missed out on a Senate seat at the 2016 election. Section 44(iv) of the constitution disqualifies anyone who holds an office of profit under the crown from election. |
Constitutional experts had suggested that Hughes could be disqualified because of a high court authority that the election period stretches from the nomination date to the date that a seat is validly filled, which included Hughes’s time on the AAT during the period Nash was ineligible. | Constitutional experts had suggested that Hughes could be disqualified because of a high court authority that the election period stretches from the nomination date to the date that a seat is validly filled, which included Hughes’s time on the AAT during the period Nash was ineligible. |
Hughes had resigned from her AAT position after the high court disqualified Nash so she could be eligible to replace Nash. | Hughes had resigned from her AAT position after the high court disqualified Nash so she could be eligible to replace Nash. |
The resources minister, Matt Canavan, was just on Sky News talking up the importance of preserving human rights – the right to freedom of speech and expression – while introducing same-sex marriage. | The resources minister, Matt Canavan, was just on Sky News talking up the importance of preserving human rights – the right to freedom of speech and expression – while introducing same-sex marriage. |
He’s asked about the right that allows people to seek asylum. | He’s asked about the right that allows people to seek asylum. |
“They do have the right – that doesn’t mean, of course, the way that that right is then assessed and ultimately resolved involves residence in Australia,” he said. | “They do have the right – that doesn’t mean, of course, the way that that right is then assessed and ultimately resolved involves residence in Australia,” he said. |
He goes on to say there is an “increasing feeling” among the faithful that they are being mocked, ridiculed, and persecuted. | He goes on to say there is an “increasing feeling” among the faithful that they are being mocked, ridiculed, and persecuted. |
“The governor general of Canada the other day was mocking people that believe God created life – the governor-general!” he said. | “The governor general of Canada the other day was mocking people that believe God created life – the governor-general!” he said. |
“Now, fortunately, that hasn’t happened here, but we’re not silly. We can see what’s occurring in the rest of the world and worried that it will come to Australia soon.” | “Now, fortunately, that hasn’t happened here, but we’re not silly. We can see what’s occurring in the rest of the world and worried that it will come to Australia soon.” |
Here’s a full copy of Dean Smith’s speech, introducing his bill to the Senate. A significant moment in Australia’s history. | Here’s a full copy of Dean Smith’s speech, introducing his bill to the Senate. A significant moment in Australia’s history. |
The bill amends the Marriage Act 1961 to remove the restrictions that limit marriage in Australia to the union of a man and a woman. The Bill will allow two people to marry in Australia, regardless of their sex or gender. The bill will also recognise foreign same-sex marriages in Australia. | The bill amends the Marriage Act 1961 to remove the restrictions that limit marriage in Australia to the union of a man and a woman. The Bill will allow two people to marry in Australia, regardless of their sex or gender. The bill will also recognise foreign same-sex marriages in Australia. |
The requirements for a legally valid marriage otherwise remain the same under the Marriage Act. | The requirements for a legally valid marriage otherwise remain the same under the Marriage Act. |
Senator @DeanSmithWA's speech introducing the #marriageequality legislation - Marriage Amendment (Definition and Religious Freedoms) Bill 2017 #auspol #SSM pic.twitter.com/bm1iaHzV7E | Senator @DeanSmithWA's speech introducing the #marriageequality legislation - Marriage Amendment (Definition and Religious Freedoms) Bill 2017 #auspol #SSM pic.twitter.com/bm1iaHzV7E |
Liberal MP Angus Taylor, a social conservative, has told the ABC he will vote for the same-sex marriage bill. His electorate of Hume voted 58.6% yes. | Liberal MP Angus Taylor, a social conservative, has told the ABC he will vote for the same-sex marriage bill. His electorate of Hume voted 58.6% yes. |
“From the time I was a candidate five years ago, I always said I would reflect the view of my electorate in parliament,” Taylor said. | “From the time I was a candidate five years ago, I always said I would reflect the view of my electorate in parliament,” Taylor said. |
“I, of course, will want to see that there are appropriate protections, freedom of religion, freedom of expression and, of course, freedom of choice.” | “I, of course, will want to see that there are appropriate protections, freedom of religion, freedom of expression and, of course, freedom of choice.” |
We're on our way! The @AuSenate has agreed to commence debate on the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 tomorrow morning. #marriageequality #auspol pic.twitter.com/jSdq48r5Ft | We're on our way! The @AuSenate has agreed to commence debate on the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 tomorrow morning. #marriageequality #auspol pic.twitter.com/jSdq48r5Ft |
Dean Smith with senators Pratt, Rice, Kakoschke-Moore, Wong & Hinch after he introduced the #SSM bill @murpharoo pic.twitter.com/YEVgSww8Ug | Dean Smith with senators Pratt, Rice, Kakoschke-Moore, Wong & Hinch after he introduced the #SSM bill @murpharoo pic.twitter.com/YEVgSww8Ug |
As the Senate moved through the procedural obligations associated with the introduction of the Smith bill, you could hear a pin drop in the Senate. | As the Senate moved through the procedural obligations associated with the introduction of the Smith bill, you could hear a pin drop in the Senate. |
No heckles, no trolling, no interjections. | No heckles, no trolling, no interjections. |
The seriousness of what needs to happen over the next few weeks seems to now have descended on the chamber. | The seriousness of what needs to happen over the next few weeks seems to now have descended on the chamber. |
It’s a packed house. Even the One Nation leader, Pauline Hanson, has come in for this debate. She visits the chamber infrequently. | It’s a packed house. Even the One Nation leader, Pauline Hanson, has come in for this debate. She visits the chamber infrequently. |
After the formalities, Dean Smith foreshadowed his bill. There were no objections, so the bill is now in motion. | After the formalities, Dean Smith foreshadowed his bill. There were no objections, so the bill is now in motion. |
There was a round of applause. As George Brandis exited the chamber, he shook Smith’s hand. The new Senate president, Scott Ryan, also stepped down from the chair at the close of proceedings and shook Smith’s hand. | There was a round of applause. As George Brandis exited the chamber, he shook Smith’s hand. The new Senate president, Scott Ryan, also stepped down from the chair at the close of proceedings and shook Smith’s hand. |
The cross-party group that worked on the bill then did a tiny victory dance in the corner of the chamber, posing for photographs. | The cross-party group that worked on the bill then did a tiny victory dance in the corner of the chamber, posing for photographs. |
Here it is folks. Dean Smith’s bill is before the Senate. There is applause. | Here it is folks. Dean Smith’s bill is before the Senate. There is applause. |
The attorney general, George Brandis, earlier made a short statement. He has foreshadowed that he will move a motion to extend protections for civil celebrants, to ensure they can choose not to be involved in same-sex marriages. He also plans a motion to make it clear that it is not unlawful for anyone to express their religious views on marriage. | The attorney general, George Brandis, earlier made a short statement. He has foreshadowed that he will move a motion to extend protections for civil celebrants, to ensure they can choose not to be involved in same-sex marriages. He also plans a motion to make it clear that it is not unlawful for anyone to express their religious views on marriage. |
Those are not the government positions, but Brandis’s personal views. | Those are not the government positions, but Brandis’s personal views. |
The second reading debate on the bill will take place tomorrow. The debate will continue until all amendments are proposed and dealt with. | The second reading debate on the bill will take place tomorrow. The debate will continue until all amendments are proposed and dealt with. |
“I envisage that is likely by the end of the next sitting week,” Brandis said. | “I envisage that is likely by the end of the next sitting week,” Brandis said. |
Labor senator Penny Wong has just spoken as well. | Labor senator Penny Wong has just spoken as well. |
“In relation to the time frame, as Senator Brandis envisages, that this bill will be finalised by Thursday of the next sitting week,” she said. “This will be a debate that will conclude at the conclusion of the next Senate week.” | “In relation to the time frame, as Senator Brandis envisages, that this bill will be finalised by Thursday of the next sitting week,” she said. “This will be a debate that will conclude at the conclusion of the next Senate week.” |
She said she hopes the parliament will keep in mind the result recorded today. She said the bill does not infringe on any freedoms to religion or expression that currently exist. | She said she hopes the parliament will keep in mind the result recorded today. She said the bill does not infringe on any freedoms to religion or expression that currently exist. |
The Greens leader, Richard Di Natale, said his party had already made concessions to support the Smith bill. He notes the Smith bill has already been through a committee. He has a message for senators, particularly those who support same-sex marriage. | The Greens leader, Richard Di Natale, said his party had already made concessions to support the Smith bill. He notes the Smith bill has already been through a committee. He has a message for senators, particularly those who support same-sex marriage. |
Think very, very clearly about entrenching discrimination in order to appease your colleagues, rather than listening to the Australian people, who spoke very, very clearly today. | Think very, very clearly about entrenching discrimination in order to appease your colleagues, rather than listening to the Australian people, who spoke very, very clearly today. |
We’re not far off from having Dean Smith’s bill on the floor of the Senate. Stay tuned. | We’re not far off from having Dean Smith’s bill on the floor of the Senate. Stay tuned. |
Some last-minute drama, with Senator Derryn Hinch accusing Australian Conservatives leader Cory Bernardi of employing trickery to delay the bill. | Some last-minute drama, with Senator Derryn Hinch accusing Australian Conservatives leader Cory Bernardi of employing trickery to delay the bill. |
Bernardi dismisses the allegation, telling Hinch he was not plotting “against your rainbow agenda”. | Bernardi dismisses the allegation, telling Hinch he was not plotting “against your rainbow agenda”. |
Liberal senator James Paterson, who released a rival conservative same-sex marriage bill, has caved in in the face of the overwhelming yes vote in the postal survey. | Liberal senator James Paterson, who released a rival conservative same-sex marriage bill, has caved in in the face of the overwhelming yes vote in the postal survey. |
In a statement, Paterson, a same-sex marriage supporter, said: | In a statement, Paterson, a same-sex marriage supporter, said: |
“I am very pleased with the strong “Yes” result today. At last, same sex couples will be able to get married, as I have long advocated.The parliament must now quickly pass a bill to legalise same sex marriage. It is clear the majority of senators believe my colleague Senator Dean Smith’s Bill is where we should start.I will now work constructively with my parliamentary colleagues over the coming weeks on amendments to ensure that the strongest possible protections for the freedoms of all Australians are enshrined in the final legislation.” | “I am very pleased with the strong “Yes” result today. At last, same sex couples will be able to get married, as I have long advocated.The parliament must now quickly pass a bill to legalise same sex marriage. It is clear the majority of senators believe my colleague Senator Dean Smith’s Bill is where we should start.I will now work constructively with my parliamentary colleagues over the coming weeks on amendments to ensure that the strongest possible protections for the freedoms of all Australians are enshrined in the final legislation.” |
Of course, there can now be amendments to the Smith bill and each of the measures in the Paterson bill can be put up and considered one by one. But in the legislative fight, that’s round one for Liberal moderates. | Of course, there can now be amendments to the Smith bill and each of the measures in the Paterson bill can be put up and considered one by one. But in the legislative fight, that’s round one for Liberal moderates. |
Statement on path forward to legalise same sex marriage and protect freedoms: https://t.co/09f2r2cyJc | Statement on path forward to legalise same sex marriage and protect freedoms: https://t.co/09f2r2cyJc |
The loss of Hollie Hughes likely paves the way for Jim Molan, a former senior officer in the Australian Army, to enter the Senate. You might remember Molan as the architect of Operation Sovereign Borders. | The loss of Hollie Hughes likely paves the way for Jim Molan, a former senior officer in the Australian Army, to enter the Senate. You might remember Molan as the architect of Operation Sovereign Borders. |
After some early confusion about the high court’s ruling, we’re now clear that Hollie Hughes has been declared ineligible for the Senate. | After some early confusion about the high court’s ruling, we’re now clear that Hollie Hughes has been declared ineligible for the Senate. |
Hughes was due to be the replacement for Nationals deputy leader Fiona Nash, who was forced out due to her dual citizenship. But Hughes was forced to refer herself to the high court due to her previous work with the administrative appeals tribunal. | Hughes was due to be the replacement for Nationals deputy leader Fiona Nash, who was forced out due to her dual citizenship. But Hughes was forced to refer herself to the high court due to her previous work with the administrative appeals tribunal. |
Our apologies for the earlier post, since deleted, that suggested she was eligible. | Our apologies for the earlier post, since deleted, that suggested she was eligible. |