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| Marriage equality bill expected to pass Senate after amendments fail | Marriage equality bill expected to pass Senate after amendments fail |
| (21 days later) | |
| The cross-party marriage equality bill is expected to pass the Senate on Wednesday after proposed amendments to it easily failed on Tuesday evening. | The cross-party marriage equality bill is expected to pass the Senate on Wednesday after proposed amendments to it easily failed on Tuesday evening. |
| If the bill passes the third reading stage it will be the first marriage equality bill to pass either house of Australia’s federal parliament, succeeding where more than 20 earlier bills have failed. | If the bill passes the third reading stage it will be the first marriage equality bill to pass either house of Australia’s federal parliament, succeeding where more than 20 earlier bills have failed. |
| The Nationals MP Andrew Broad has accused Malcolm Turnbull of a “complete lack of leadership” for failing to accommodate conservatives, warning that the bill authored by the Liberal senator Dean Smith was now a “done deal” to pass both houses unamended. | The Nationals MP Andrew Broad has accused Malcolm Turnbull of a “complete lack of leadership” for failing to accommodate conservatives, warning that the bill authored by the Liberal senator Dean Smith was now a “done deal” to pass both houses unamended. |
| After the bill passed the second reading stage unopposed on Tuesday it moved into committee stage for a series of amendments proposed by conservatives, the attorney general, George Brandis, and the Nationals senator Matt Canavan. | After the bill passed the second reading stage unopposed on Tuesday it moved into committee stage for a series of amendments proposed by conservatives, the attorney general, George Brandis, and the Nationals senator Matt Canavan. |
| The first Brandis-Canavan amendment declared that “nothing in this Act limits or derogates from the right of any person, in a lawful manner, to manifest his or her religion or belief in worship, observance, practice and teaching”. | The first Brandis-Canavan amendment declared that “nothing in this Act limits or derogates from the right of any person, in a lawful manner, to manifest his or her religion or belief in worship, observance, practice and teaching”. |
| Brandis said marriage equality caused “no inhibition” on the practice of religion but the declaratory amendment would ease doubts of people he said were “misled” by the no campaign arguing that there would be an impact on religious freedom. | Brandis said marriage equality caused “no inhibition” on the practice of religion but the declaratory amendment would ease doubts of people he said were “misled” by the no campaign arguing that there would be an impact on religious freedom. |
| The Liberal senator James Paterson said it would be “troubling” if an amendment so modest and reasonable were voted down, but Labor’s Penny Wong pointed to its “uncertain legal effect”. | The Liberal senator James Paterson said it would be “troubling” if an amendment so modest and reasonable were voted down, but Labor’s Penny Wong pointed to its “uncertain legal effect”. |
| Labor and the Greens argued that the amendment “cherry-picked” language from the international covenant on civil and political rights, without including the statement that freedom to manifest one’s beliefs is subject to the “fundamental rights and freedoms of others”. | Labor and the Greens argued that the amendment “cherry-picked” language from the international covenant on civil and political rights, without including the statement that freedom to manifest one’s beliefs is subject to the “fundamental rights and freedoms of others”. |
| That amendment was defeated 36 to 27 by Labor, the Greens, the Nick Xenophon Team and Derryn Hinch. | That amendment was defeated 36 to 27 by Labor, the Greens, the Nick Xenophon Team and Derryn Hinch. |
| Brandis and Canavan’s second amendment sought to allow civil marriage celebrants to refuse to solemnise a marriage. It was defeated 38 to 25, with only Dean Smith and Simon Birmingham of the Coalition voting with Labor, the Greens and crossbench to defeat it. | Brandis and Canavan’s second amendment sought to allow civil marriage celebrants to refuse to solemnise a marriage. It was defeated 38 to 25, with only Dean Smith and Simon Birmingham of the Coalition voting with Labor, the Greens and crossbench to defeat it. |
| Paterson and his fellow Liberal senator David Fawcett moved elements of the conservative marriage bill including: anti-detriment provisions to prevent discrimination based on a person’s beliefs about marriage; a clause to prevent charities being stripped of charitable status; and a clause to allow parents to remove their children from classes that clashed with their traditional marriage beliefs. | Paterson and his fellow Liberal senator David Fawcett moved elements of the conservative marriage bill including: anti-detriment provisions to prevent discrimination based on a person’s beliefs about marriage; a clause to prevent charities being stripped of charitable status; and a clause to allow parents to remove their children from classes that clashed with their traditional marriage beliefs. |
| All five of that pair’s amendments were voted down by margins ranging from 44 to 20, to 41 to 23. | All five of that pair’s amendments were voted down by margins ranging from 44 to 20, to 41 to 23. |
| In those votes the cross-party grouping of Labor, the Greens, the NXT, Hinch and Coalition moderates held strong to preserve the bill without amendment. | In those votes the cross-party grouping of Labor, the Greens, the NXT, Hinch and Coalition moderates held strong to preserve the bill without amendment. |
| Smith, the Liberal co-sponsors of the bill Linda Reynolds and Jane Hume, and the ministers Birmingham, Marise Payne and Nigel Scullion consistently voted with the cross-party group against the Fawcett-Paterson amendments. | Smith, the Liberal co-sponsors of the bill Linda Reynolds and Jane Hume, and the ministers Birmingham, Marise Payne and Nigel Scullion consistently voted with the cross-party group against the Fawcett-Paterson amendments. |
| On Wednesday Broad told ABC’s AM that assurances from Turnbull and Bill Shorten that religious freedom would be protected “seemed to have been walked away from in what I think is a rather sneaky way”. | On Wednesday Broad told ABC’s AM that assurances from Turnbull and Bill Shorten that religious freedom would be protected “seemed to have been walked away from in what I think is a rather sneaky way”. |
| Broad suggested that the prime minister should have brought same-sex marriage supporters and opponents together to produce a government bill rather than allow Smith to move a private member’s bill. | Broad suggested that the prime minister should have brought same-sex marriage supporters and opponents together to produce a government bill rather than allow Smith to move a private member’s bill. |
| Birmingham told ABC News he expected the bill would pass the Senate on Wednesday, which would be “an historic moment in terms of delivering equality to Australians in same-sex marriage relationships around the country”. | Birmingham told ABC News he expected the bill would pass the Senate on Wednesday, which would be “an historic moment in terms of delivering equality to Australians in same-sex marriage relationships around the country”. |
| He said the bill already contained “strong religious protections” even if the remaining amendments were not successful. | He said the bill already contained “strong religious protections” even if the remaining amendments were not successful. |
| Birmingham said Turnbull had shown “very strong leadership” by providing a pathway to legislate marriage equality while “some sought to derail the process … by putting in place a whole range of extraneous conditions”. | Birmingham said Turnbull had shown “very strong leadership” by providing a pathway to legislate marriage equality while “some sought to derail the process … by putting in place a whole range of extraneous conditions”. |
| Other amendments relating to celebrants proposed by One Nation and David Leyonhjelm, commercial discrimination, and the Greens’ amendments will be considered on Wednesday but all are expected to fail given Labor’s opposition to any substantive amendments. | Other amendments relating to celebrants proposed by One Nation and David Leyonhjelm, commercial discrimination, and the Greens’ amendments will be considered on Wednesday but all are expected to fail given Labor’s opposition to any substantive amendments. |
| Earlier on Tuesday, in an emotional speech Brandis said marriage equality would be the “imperishable legacy” of the Turnbull government, trumpeting the historic social reform as the “final act of acceptance and embrace” for LGBTI Australians. | Earlier on Tuesday, in an emotional speech Brandis said marriage equality would be the “imperishable legacy” of the Turnbull government, trumpeting the historic social reform as the “final act of acceptance and embrace” for LGBTI Australians. |
| If the bill is passed on Wednesday it will then pass to the lower house for consideration next week, from 4 December. | If the bill is passed on Wednesday it will then pass to the lower house for consideration next week, from 4 December. |