Same-sex marriage: backing from 133 electorates as nation says Yes

Coalition MPs hold a furious round of meetings to reach a deal on a bill that aims to protect religious freedom.

Yes supporters celebrate at the State Library of Victoria yesterday after the result of the same-sex-marriage postal survey was announced. Picture: Scott Barbour

Malcolm Turnbull has cleared the ground for a compromise on same-sex marriage that aims to protect religious freedom, as he vows to pass laws by Christmas to heed the nation’s emphatic 61.6 per cent vote in favour of the historic social reform.

Federal parliament acted ­swiftly on the “people’s vote” to start debate on the new marriage laws, with Attorney-General ­George Brandis making a surprise offer to toughen protections for free speech and assuage the fears of No voters who object to the contentious change.

In a rare show of support across the country, the Yes case secured a clear majority in all states and in 133 of the nation’s 150 federal electorates, as regional and urban Australians delivered their verdicts in favour of change.

Ending years of rancour, Australians mailed in their postal votes to settle the political impasse in Canberra, with 7.8 million people voting for change and 4.9 million voting against.

The Prime Minister declared the outcome a victory for “commitment and love” and cited the 79.5 per cent response rate as vindication of his election pledge to take the decision to the people.

“There is nothing more Australian than a fair go; there is nothing more Australian than equality and mutual respect,” he said.

Bill Shorten told a marriage equality rally that the nation had voted for diversity to be “accepted, supported and respected” in a modern Australia.

“You shouldn’t have had to put up with this survey, but you ­embraced it,” the Opposition Leader told the Melbourne crowd.

Former prime minister John Howard called for stronger safeguards in the final reform bill, ­including freedom of religion, freedom of speech and parental rights — and he added that the debate should not get “hung up” on whether bakers would be forced to provide cakes for gay weddings.

Former prime minister Tony Abbott, who saw 75 per cent of his electorate vote Yes, declared he would not seek to “frustrate” the will of the people but wanted safeguards for religious freedom.

Plans to fast-track the reform almost came unstuck late yesterday when the Nationals objected to a deal in the Senate to start ­debate on the marriage bill put ­forward by West ­Australian Liberal Dean Smith with the backing of Labor, the Greens, fellow ­Liberals and crossbenchers.

In a furious round of meetings in Parliament House, all sides agreed on Senator Smith’s bill as the starting point for the reform, despite fears among conservative MPs that his bill does not do enough to protect the rights of churches, marriage celebrants and parents.

The Australian understands Mr Turnbull supports a proposal put to the Senate late yesterday to allow civil celebrants to refuse to solemnise a same-sex marriage.

As well, the Prime Minister supports the move by Senator Brandis to include an amendment to protect the right of people to “express the views of their own ­religion” on the subject of ­marriage.

The prospects for a deal also improved when Victorian Liberal senator James Paterson emerged from talks with Mr Turnbull to withdraw his competing marriage bill, a divisive plan that included measures to override state anti-discrimination laws.

Liberal and Nationals conservatives are now working on amendments to Senator Smith’s bill in an acceptance that it will be the foundation for the law that will eventually pass the parliament.

“There’s enough goodwill on our side to get this done,” said one conservative government MP.

Finance Minister Mathias ­Cormann, who oversaw the postal survey after Labor blocked ­attempts at a plebiscite, last night said he believed the Smith bill needed more protections for ­celebrants, religious charities and free speech.

Labor’s leader in the Senate, foreign affairs spokeswoman Penny Wong, responded to the popular vote with tears of joy and later declared the upper house would not allow debate to drag into next year.

Senator Wong said the upper house would sit as late as needed on November 30 to legislate ­marriage equality, a timetable that gives the lower house the ­following week to accept or amend the bill.

Labor faces significant internal pressures over the shape of the final reform, with the biggest No votes being registered in Labor electorates, including a swath of seats in western, northwestern and southwestern Sydney with large ethnic and religious communities supporting traditional marriage.

Labor frontbenchers, including Chris Bowen, Tony Burke, Jason Clare, Ed Husic and Michelle Rowland, are pledging to vote Yes in parliament even though their electorates voted No.

A crucial step towards a compromise is expected in the ­Coalition partyroom scheduled for November 28, when Liberals and Nationals will be free to propose amendments to protect ­religious freedom.

Mr Turnbull has made it clear there is no government bill to be endorsed by the partyroom and that every MP is free to vote ­according to his or her conscience, but this does not prevent MPs ­airing the issue in their regular partyroom meeting.

In one scenario, Liberal and Nationals senators could join with some crossbenchers and some Labor senators to pass stronger protections for religious freedom.

It would then be up to all sides in the House of Representatives to accept these changes by December 7, the last scheduled sitting day for the year.

Senator Smith said some of the arguments over religious freedom, such as the concerns about parental rights over what is taught in schools, should be dealt with ­separately from the core issue of marriage equality.

A likely “safety valve” in the final debate could be to refer these issues to an inquiry on a separate bill to be considered next year, ­preventing the issue from stalling the changes to the Marriage Act.