Marriage Bills debate

Senator submits conservative alternative

LABOR and Coalition MPs have rallied behind draft laws proposed by Liberal senator Dean Smith to allow same-sex marriage, as his conservative colleagues seek a delay in the debate.

With the result of a national survey to be released tomorrow, and polls pointing to a majority “yes” vote, Senator Smith is aiming to introduce his Bill to the Upper House on Thursday.

However, conservative Liberal colleague James Paterson yesterday released draft legislation, which he argues will preserve the freedoms of all Australians. The Paterson Bill ensures exemptions for ministers of religion and celebrants with genuine belief and allows a limited form of conscientious objection. It also seeks to protect freedom of speech and guarantee the right of parents to opt their children out of school classes that conflicted with their values.

Senator Smith’s Bill also includes exemptions so religious organisations can refuse to conduct same-sex marriages.

Prime Minister Malcolm Turnbull said from Manila it would be up to senators to work out which Bill they dealt with first but he favoured the Smith Bill.

“It’s clearly a good Bill to start with,” Mr Turnbull said.

“There will no doubt be plenty of amendments and . . . they will come to a conclusion on an amended Bill.”

Cabinet minister Simon Birmingham said the Smith Bill had been scrutinised by a committee and was based on a draft produced by the Attorney-General.

Cabinet minister Mathias Cormann has said the Smith Bill was “probably a good starting position”.

“But I suspect it will need improvement in terms of strengthening religious protections,” Senator Cormann said.

The Labor caucus resolved in October the Smith Bill struck an “acceptable compromise” between marriage equality and religious freedoms.

It would push for the Bill to be passed as quickly as possible.

Labor leader Bill Shorten said he was disturbed by Coalition MPs “peeling off and saying there needs to be a delay and new conditions” put on the marriage law changes.

“I believe the nation expects us to move on with the legislation for marriage equality and be done with it this year,” Mr Shorten said.

The Law Council said the Paterson Bill represented a “perilous” winding back of anti-discrimination laws under the cover of marriage equality.

“You could potentially see a situation where a hire car company could leave their customers stranded on the way to a marriage ceremony simply because the driver held a thought or belief against it. This is even if the belief had nothing to do with religion,” Law Council chief Fiona McLeod said.