What is actually in Liberal Senator Dean Smith’s bill on same-sex marriage?

TODAY debate will start on the same-sex marriage bill and there is already talk about compromises to get it passed.

A BILL to legalise same-sex marriage has been introduced in the Senate and will be debated today.

Liberal senator Dean Smith’s bill to change the definition of marriage was successfully introduced in the Senate yesterday, marking an important first step.

The Bill was co-sponsored by eight other senators from Labor, Greens, NXT and Derryn Hinch’s Justice Party. It also has the backing of Prime Minister Malcolm Turnbull.

In supporting the bill, Attorney-General George Brandis said it would give effect to the wishes of the Australian people and delivered on the Prime Minister’s promise.

Here’s what you need to know.

WHAT’S THE TIMELINE?

Mr Turnbull has previously told news.com.au that same-sex marriage would be legal by Christmas if the Yes vote was successful.

Finance Minister Mathias Cormann seemed to double down on these comments last night during an interview with 7.30 when he said he was confident the bill would be passed and the Senate would continue to sit until it was dealt with.

He said the second reading debate on the bill would start today and if it concludes by the end of the day, debate will be adjourned until the week of the November 27.

“That whole first sitting week of the final sitting fortnight has been earmarked for debate in the Senate (including) extended sitting hours on the Tuesday” he said.

“If the consideration of the legislation hasn’t been finalised by the end of Thursday, the 30th of November, then we will continue to sit until it is finally dealt with.”

The debate starting on November 27 will be particularly important as senators will negotiate on amendments.

If the bill is approved by the Senate it will also have to pass the House of Representatives before being made law.

WHAT THE SMITH BILL SAYS

The bill was developed by a Senate Select Committee after consultation and three public hearings.

It will change the Marriage Act 1961 to redefine marriage as a “union of two people” rather than a “union of a man and a woman”.

There are exemptions for religious organisations to refuse to conduct same-sex marriages. Religious organisations will continue to be able to refuse to make facilities available or to provide goods and services for a marriage ceremony.

It will also change the definition of “authorised celebrant” to include a new class of “religious marriage celebrants” who can refuse to conduct a marriage ceremony if it is contrary to their religious beliefs.

Exemptions will allow ministers of religion and Australian Defence Force chaplains to refuse to solemnise a marriage.

Senator Dean Smith, Trent Zimmerman MP and Trevor Evans MP after the results of the Marriage Equality survey, at Parliament House in Canberra.

PUSH TO INCLUDE CIVIL CELEBRANTS

Any senator will be allowed to put forward amendments but will need to convince others to support these.

Senator Brandis has already flagged two amendments that he will be introducing.

In the Senate yesterday, Mr Brandis said he wanted to introduce protections in the bill for civil marriage celebrants to refuse to marry same-sex couples and to also make clear it will not be unlawful for people to hold and express traditional views of marriage.

The current bill does not allow “civil celebrants” in general to refuse but Senator Brandis has flagged he would like to change this.

In considering the issue, the Senate Select Committee noted “civil celebrants” performed a function on behalf of the state and should be required to uphold Commonwealth law. However, it also acknowledged that some had said they would feel compromised if they had to conduct same-sex marriages.

WHAT OTHERS WANT

Many of those who object to same-sex marriages want broader protections included that would protect businesses in general.

Liberal Senator James Paterson proposed a rival bill earlier this week that sought to establish protections for people with a “conscientious belief”.

He wanted to protect freedom of speech and guarantee the right of parents to opt their children out of school classes that conflicted with their values. His bill was described as “very good” by the No campaign yesterday.

But the Senate Select Committee noted in its report that it would be unprecedented to allow “conscientious belief” to be used to discriminate against a class of persons.

The problematic aspects of allowing broader discrimination was also highlighted during a Sky News interview with Liberal MP Kevin Andrews, who argued that Islamic bakers should be able to refuse to supply cakes for Jewish weddings and vice versa.

. @kevinandrewsmp : A Jewish baker should be able to deny an Islamic customer a wedding cake and vice versa. MORE: https://t.co/wX3tAbXkD4 pic.twitter.com/5lIekTmeRS

— Sky News Australia (@SkyNewsAust) November 15, 2017

Senator Paterson dropped his bill yesterday and said in a statement released on Facebook that he would focus on changing Smith’s bill instead.

“The parliament must now quickly pass a bill to legalise same sex marriage,” the senator wrote.

“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.”

WE’VE COMPROMISED ENOUGH

Greens leader Richard di Natale told the Senate yesterday the party had already made significant concessions to ensure the bill would have cross-party support.

He said the Greens would not be entering into discussion about amendments that further extended discrimination in law.

“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,” he said.

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