Celebrants and ministers protected under same-sex marriage bill proposal

EXCLUSIVE: Religious ministers and civil celebrants can refuse to marry same-sex couples under protections in a same-sex marriage bill backed by five Liberal MPs.

• Sharri Markson: Same-sex marriage a fatal distraction to Government
• PM under siege on same-sex marriage from colleagues
• The secret gay plot to ruin marriage for everyone

CIVIL celebrants who refuse to marry same-sex couples will be protected from legal action under a private member’s bill prepared by a group of rebel Liberal MPs pushing for a parliamentary vote on same-sex marriage.

News Corp Australia can reveal new details of the controversial same-sex marriage legislation which will protect all religious ministers, including those from smaller and emerging religions.

The proposal will radically extend religious freedoms by creating a new category of “religious marriage celebrants” who can refuse to officiate a same-sex ceremony without the fear of being taken to court for discrimination.

The same-sex marriage issue is expected to dominate the next sitting fortnight as federal MPs return to Canberra today after the six-week winter break.

But bakers, musicians, florists and photographers will need to prove their business is linked to a “religious body” to reject business from a gay couple.
And small businesses in the wedding industry won’t be able to claim a conscientious objection.

The new details of proposed same-sex marriage laws come ahead of an emergency party room meeting in Canberra tomorrow (Monday), where the five Liberal MPs behind the Bill will push for the party to dump the plebiscite policy and allow a free vote in Parliament.

The debate looms as a huge test for Prime Minister Malcolm Turnbull, a supporter of same-sex marriage, with some Liberals claiming the prime minister’s leadership would be at risk if he allowed a free vote.

The Bill will remove the restriction on who can marry by allowing “two people” to marry

Last night Liberal MPs Warren Entsch, Trevor Evans, Tim Wilson, Trent Zimmerman and Senator Dean Smith circulated the long-awaited legislation titled Marriage Amendment (definition and religion freedoms) Bill 2017 to all Liberal MPs and Senators.

In an attached letter, seen by News Corp Australia, the five Liberals describe the Bill as “the most considered and comprehensive response to the issue of same-sex marriage to date” arguing that the Bill accommodates competing attitudes on the issue.

Primarily, the Bill will remove the restriction on who can marry by allowing “two people” to marry “regardless of their sex or gender”.

Conservative MPs argue the government must stick to its election promise and ask the Australian people to have a say.

It will also recognise same-sex marriages solemnised in foreign countries to be recognised in Australia and establish a new category of officer to officiate same-sex weddings for defence force members serving abroad.

The exemption from discrimination law extends to “bodies established for religious purpose”, meaning wedding service providers can refuse to make a facility, such as a church hall, available.

Caterers and musicians directly tied to a church will also be exempt.

But no commercial business or employee will be able to refuse to provide services for the same-sex wedding unless they can prove that their business is closely associated to a religious organisation and the marriage is against the “doctrines, tenets or beliefs of their religious order”.

Malcolm Turnbull ... is expected to use a secret ballot to try to shut down the push for a free vote.

The loophole, which could see some wedding industry businesses claim to be religious bodies, could jeopardise support for the Bill from Labor and the Greens.

Last year Labor slammed the suggested model, claiming the amendments would “introduce new forms of legal discrimination against the LGBTI community”.
But the Liberal MPs behind the Bill are confident of Labor’s support because the legislation is closely aligned to a report by a cross-party Senate committee which reached a consensus on same-sex marriage in February.

The same-sex marriage issue is expected to dominate the next sitting fortnight as federal MPs return to Canberra today after the six-week winter break.

Prime Minister Malcolm Turnbull has summoned Liberal MPs to a meeting in Canberra tomorrow and is expected to use a secret ballot to try to shut down the push for a free vote.

Conservative MPs argue the government must stick to its election promise and ask the Australian people to have their say through a plebiscite or postal vote.

While the Liberal party room and the full Coalition party room are expected to reject a conscience vote on same-sex marriage, the five MPs pushing for a free vote haven’t ruled out a plan to suspend parliamentary standing orders and introduce the private member’s bill to the House of representatives or the Senate.