Where we’re at with the same-sex marriage bill

ARE we there yet? The same-sex marriage bill still faces a few hurdles, and some couples could become automatically married when it’s finally passed.

THOUSANDS of same-sex couples could wake up later this week to find themselves legally married.

The same-sex marriage bill, which has passed the Senate, is this week being debated in the house of representatives.

Part of the bill, drafted by Senator Dean Smith, lifts the ban on recognition for the marriages of same-sex couples who were wed overseas.

The Marriage Act currently states that same-sex marriages conducted overseas “must not be recognised as marriage in Australia”, but Senator Smith’s bill includes a provision to cancel that, and to ensure overseas marriages are automatically recognised without any extra paperwork or a local ceremony.

This week’s debate is the final hurdle for legalising same-sex marriage in Australia.

While there is no guarantee the bill will be passed in the coming days, the week’s sitting of Parliament’s Lower House has been set aside to sort it out.

So same-sex marriage could be legislated for by the end of the week, but it’s not exactly a done deal.

WHAT HAS TO HAPPEN?

You’d be forgiven for thinking same-sex marriage in Australia was all sorted. The celebration of the overwhelming Yes on November 15 certainly indicated as much.

But, in order to have the law changed, members of Parliament have to vote on it. A majority vote in favour of the bill in the House of Representatives would mean same-sex marriage is legalised.

Sounds simple, right? It’s really not.

Our parliamentary representatives are not just voting on whether the law should be changed — as the postal survey asked — they’re voting on the bill that’s been put forward to change the Marriage Act, and the exact wording that would be recorded in order to allow gay couples to marry.

The bill managed to sail through the senate, but could still face hurdles in the lower house. Picture: Lukas Coch/AAP

Some politicians want amendments made to the bill that would allow religious ministers and civil celebrants to opt out of officiating same-sex weddings.

Others want more than that, and are expected to argue for parents’ rights to educate their children and for “religious freedoms” to be included in the legislation.

As well as voting and agreeing on the bill’s provisions, MPs are allowed to have their say on the floor of Parliament and speak on the legislation in the coming days.

HOW LONG IS THIS GOING TO TAKE?

Almost 80 MPs are already slated to speak on the legislation before voting gets underway.

So far MPs have used their time in the chamber differently. There’s been a proposal by Liberal MP Tim Wilson to his same-sex partner Ryan Bolger.

Treasurer Scott Morrison used his time to speak out about Christian persecution in history and advocate for a “truly inclusive” bill.

Prime Minister Malcolm Turnbull lauded the postal survey on same-sex marriage as a “one of the remarkable political events” of his lifetime, and made a weird comment about gay couples and their cats.

And former prime minister Tony Abbott committed to respecting the people’s vote and said he wouldn’t oppose the passage of the bill, and that he looked forward to attending his sister’s wedding in the new year.

Mr Turnbull also said since many Australians have “sincere concerns” about religious freedom, he would support some of the amendments to Senator Smith’s bill. Amendments, which also need to be voted on, could also draw things out.

Prime Minister Malcolm Turnbull has said a number of times he was confident the change would ‘sail through the parliament’. Picture: Lukas Coch/AAP

SO, WHEN WILL GAY MARRIAGE BE LEGALISED?

Mr Turnbull repeatedly said during the campaign leading up to the postal survey that the bill would “sail through Parliament”.

If any amendments are added, the bill will have to return to the Senate for approval.

But even once both houses give same-sex marriage the go-ahead, it’s not quite the end of the journey.

Following a successful vote, the Governor-General then needs to give Royal Assent to the law which is usually a formality.

It’s likely that there will then be a delay for the law to come into effect, and even then couples keen to wed will likely need to give the same notice as straight couples — usually at least one month — before they can legally wed.

That won’t be the case for same-sex couples who were married overseas, who will have their marriages recognised immediately, so long as that provision stays in Senator Smith’s bill.

It sounds like a lot to get through in only a few days, but it’s predicted that all this will be sorted out by the end of the week.

And, as promised, we could have same-sex marriage in Australia by Christmas.

If couples have been married overseas, they could find their unions automatically recognised in Australia. Picture: Saeed Khan/AFP Photo

Originally published as Where we’re at with the same-sex marriage bill