Same-sex marriage draft bill explainer
Confusion abounds in the same-sex marriage debate over what we’re voting for. Let’s get our facts straight.
Show us the bill
Confusion abounds in the same-sex marriage debate over what we’re actually voting for. Let’s get our facts straight.
How would it happen?
If the same-sex marriage survey being currently conducted results in a majority of Australians ticking ‘Yes’ to changing the Marriage Act, MPs will vote in parliament on a private member’s bill yet to be introduced into parliament.
Who has proposed a bill?
The draft bill was prepared by West Australian Liberal senator Dean Smith, second left, and has the support of four of his colleagues in the lower house: (l-r) Warren Entsch, Trent Zimmerman, Tim Wilson and Trevor Evans.
Sticking point for the No case
A key argument is whether religious freedom, parental rights and freedom of speech will be threatened.
Religious freedoms are already covered
All federal Liberal MPs already have full details of the private member’s bill, which addresses religious safeguards in Section 47. Here it is.
The rights of ministers of religion
A key exemption in Section 47 (1) gives grounds for a minister of religion the right to refuse to solemnise a marriage.
Section 47A includes similar exemptions for religious marriage celebrants.
The rights of religious organisations
Section 47B extends exemptions to religious organisations and it’s not just talking about traditional churches, covering a wide range of bodies. It gives grounds for these bodies to refuse to make goods or services or facilities available for the purpose of a marriage.
Weddings, parties, anything?
Section 47B also covers purposes that are “reasonably incidental” to a marriage. In theory, this might include any function and not just a formal wedding reception.
To amend or not to amend
The s47 religious exemptions go further than anything Labor, the Greens and some crossbenchers have thus far put forward. There is now a live debate on whether to amend these protections should a bill proceed.
Read all about it
David Crowe’s analysis and full details of the private member’s bill.
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