Conservatives MPs’ same-sex marriage bill to override anti-discrimination laws

THE Yes campaign has criticised a new gay marriage bill that would allow businesses to refuse to provide services for a same-sex wedding.

THE Yes campaign has critcised a new gay marriage bill that would allow businesses to refuse to provide services for a same-sex wedding.

“This is not a marriage equality bill,” The Equality Campaign’s Anna Brown said.

“It’s about enshrining discrimination and taking Australia back decades.”

“Australians are voting to make our country a fairer and more equal place, not to take us back to a time where people can be denied service at a shop.

“We are confident that the majority of parliamentarians are sensible and will see this for what it is and not wind Australia back decades.

“Australians have voted for equality, not more discrimination. Australians believe in a fair go for all – this Bill goes completely against what people have voted for.”

Under the bill, businesses will be able to claim “conscientious objection” and refuse to provide services for a gay couple’s wedding under a new bill to legalise same-sex marriage.

Ministers of religion and celebrants that object to gay marriage would also be able to refuse to preside over a wedding if it went against their beliefs under the new bill released by conservative MPs today.

It would also introduce a Safe Schools clause that would allow parents to pull their children out of classes that conflicted with their values, introduce freedom of speech protections for people who spoke out against gay marriage, and introduce an “anti-detriment clause” that would prevent government authorities from taking legal action against an individual “with a traditional view of marriage”.

REVEALED: Turnbull hit with horror poll

Liberal Senator James Paterson has released the rival bill today. Picture: AAP

Non-government organisations, businesses, or individuals would be still be able to take legal action, however.

It’s understood the new bill would override state and territory anti-discrimination laws.

Australia’s peak legal advisory body has also blasted the new bill to legalise gay marriage as an “extraordinary and perilous” winding back of the nation’s anti-discrimination laws.

Law Council of Australia President Fiona McLeod SC said the bill would take Australia into “uncharted waters”.

“You could potentially see a situation where a hire car company could leave their customers stranded on the way to a marriage ceremony simply because the driver held a thought or belief against it. This is even if the belief had nothing to do with religion,” Ms McLeod said.

Ms McLeod said senator Dean Smith’s bill already provided protections for freedom of religious expression in the context of marriage and was “a reasonable compromise”.

“While the Law Council does not endorse every detail of the Smith Bill it represents a better balance from a human rights perspective and represents greater fairness, including those affected by winding back anti-discrimination laws.”

Tanya Plibersek is a supporter of gay marriage. Picture: AAP

Deputy Labor leader Tanya Plibersek said the alternate bill was “one more delaying tactic from the people who brought you the $122 million waste-of-money postal survey”.

“Are we really saying in Australia today that you can refuse to serve someone because they’re gay — that you can refuse to bake them a cake or drive them in your car,” she told ABC radio.

“That is a bridge too far.

“You cannot say that ‘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 that divorced people can’t get remarried.”

Liberal senator James Paterson, who supports gay marriage, said the extra protections were necessary so no Australian would be penalised by same-sex marriage being made legal.

“All Australians should be able to live their lives according to their own values,” he said when releasing the bill today.

“No group should impose their values on another group.

“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. “No one should want to see the messy court cases that have occurred after same-sex marriage was legalised in other countries.

“This bill is not a reason to delay legislating same-sex marriage. If a ‘Yes’ result is confirmed this week, this bill could be passed by the parliament as quickly as any other bill. I believe the parliament should do so before Christmas, with additional sitting weeks if necessary.”

The result of the same-sex marriage postal survey will be announced on Wednesday. Picture: Getty

The new bill has been made public two days before the result of the postal survey on gay marriage is released.

It’s now the second bill that the government could potentially introduce to make gay marriage legal.

The No campaign has been fiercely opposed to the first bill, by Liberal senator Dean Smith.

Senator Smith’s bill already includes protections for religious freedoms. It will allow ministers of religion to refuse to marry two people if it goes against their beliefs, allow businesses directly linked to a church or that were set up “for religious purposes” to refuse to provide goods or services for a same-sex couple’s wedding, and will create a new category of religious marriage celebrants, who don’t have to be part of a church, that can refuse to marry gay couples if it goes against their beliefs.

But opponents of gay marriage argue that it does not go far enough to protect religious freedoms, freedom of speech, or allow for conscientious objection.

Senator Smith said yesterday he would introduce his bill to the senate this Thursday if a Yes vote prevailed.

But Senator Paterson has called for the Coalition party room to decide which bill should go before Parliament when both houses return on November 27.

It sets the scene for an internal clash between conservative and moderate MPs in the final two sitting weeks of the year and a new headache for Prime Minister Malcolm Turnbull.

Turnbull Government Minister Mathias Cormann told ABC today it would be up to the Parliament to decide which bill would be debated.

Originally published as Conservatives MPs’ same-sex marriage bill to override anti-discrimination laws