Nation uplifted as same-sex marriage bill passes

Same-sex marriage has been legalised in Australia following a decade-long battle to recognise gay unions.

Liberal MP Warren Entsch celebrates after yesterday’s vote with Labor’s Linda Burney, who had dedicated the same-sex marriage bill to her late gay son. Picture: AAP

Same-sex marriage has been legalised in Australia following a decade-long battle to recognise gay unions, as Malcolm Turnbull fell short on his pledge to deliver stronger religious protections for faith-based schools and charities.

In a historic day for gay couples across the nation, the Prime ­Minister supported three amendments and abstained from voting on four amendments of Liberal MP Dean Smith’s same-sex marriage bill.

A majority of ­Coalition MPs endorsed the seven amendments aimed at enforcing greater ­religious freedoms, but all failed to win support in the parliament.

Mr Turnbull, who supported amendments to provide protections for religious charities and marriage celebrants, said legislating same-sex marriage represented a “unifying day” for Australians.

“What a day. What a day for love, for equality, for respect. Australia has done it,” he said.

“Every Australian had their say and they said it’s fair — get on with it. And parliament’s got on with it. And we have voted today for equality, for love. It’s time for more marriages, more commitment, more love, more respect.”

Mr Turnbull, a long-time same-sex marriage supporter, led applause in the House of Representatives, where gay-marriage campaigners and celebrities watched from the public gallery.

 

The Prime Minister last night said once the bill was granted royal assent by Governor-­General Peter Cosgrove today, he expected the first weddings could take place in the second week of January. The new marriage law will take effect from tomorrow.

Following the landmark vote, MPs and senators from all sides of politics embraced on the floor of parliament. In a poignant ­moment, Liberal National Party MP Warren Entsch — the man credited in Coalition ranks as leading the push towards legalising same-sex marriage — embraced Labor MP Linda Burney, lifting her off the floor.

Ms Burney this week delivered a tearful tribute to her late son Binni Kirkbright-Burney while speaking in favour of same-sex marriage. The 33-year-old, who was gay, died six weeks ago.

Across the business and political divide, leading same-sex marriage advocates last night publicly backed in the overwhelming result. Qantas Group chief executive Alan Joyce, who is gay, said MPs had delivered on their pledge to ratify the result of the postal survey by Christmas.

“The display of support for the legislation as it moved through the parliament, including some extremely heartfelt speeches on gay rights, sends such a positive message to the LGBT community,” Mr Joyce said. “This is a proud day for all of us.”

Three Coalition MPs — David Littleproud, Russell Broadbent and Keith Pitt — as well as crossbencher Bob Katter voted against Senator Smith’s bill. At least seven government MPs, including Scott Morrison and Tony Abbott, did not vote.

The passage of the unamended bill will delay further debate on extra religious protections until next year, as part of a review led by former Liberal attorney-general Philip Ruddock, due to report at the end of March.

Some Coalition MPs believe the outcome will divide the nation and encourage gay couples to deliberately test the boundaries of existing law and jeopardise the status of faith-based institutions.

 

A Liberal MP said last night: “You’re watching the Liberal Party cleave in two.”

Mr Abbott, whose Sydney seat of Warringah voted 75 per cent in favour of same-sex marriage, called out Mr Turnbull for not honouring his promise to include greater protections in the bill.

“The problem that this house is wrestling with today is that absence of detailed consideration of freedom of speech, of conscience, of religion which both the Prime Minister and the Leader of the Opposition promised would be given to us before this bill was final­ised,” Mr Abbott said.

Bill Shorten, who opposed a plebiscite in the parliament and railed against the postal survey put forward by Immigration Minister Peter Dutton, said LGBTIQ Australians were finally equal under the law.

“A law will speak for a modern Australia, inclusive and fair ... Equality is never a gift to be given. Equality is an inalienable birthright of every Australian,” the ­Opposition Leader said.

Mr Entsch told parliament the bill would not restrict religious belief nor inhibit freedom of speech.

“This bill gives so much and takes from no one … Any concerns raised in the amendments, ­notably those that have consistently opposed marriage equality, can be properly considered by the government’s thorough inquiry into religious freedom due to be reporting by next March.”

During yesterday’s debate on seven amend­­­ments backed by the government, Mr Turnbull supported only three: to preserve the tax treatment of faith-based charities; extend religious and conscientious objections to marriage celebrants and military chaplains; and enshrine inter­national religious freedoms in law.

The Prime Minister abstained from voting on an amendment moved by Mr Morrison to ensure charities could not be stripped of their charitable status because of their support for traditional marriage, despite 58 Coalition MPs backing the measure.

Following weeks of division within the Coalition over providing extra religious protections, Mr Morrison said unless his amendment was adopted, no guarantee could be made that a government would not seek to “drive people of faith and organisations of faith serving our community from the public square”.

Six cabinet ministers voted against at least one of the amendments proposed by Coalition MPs, including leading moderate Christopher Pyne, who opposed all amendments, and Kelly O’Dwyer, who opposed six.

Most of the cabinet voted in favour of the religious freedom amendments.

At least three, including Barnaby Joyce, Peter Dutton and Mr Morrison, voted for all of the amendments.

Additional reporting: Rachel Baxendale