What happens next?
With the people’s verdict in, it’s down to the politicians to deliver. Claire Bickers examines the next steps and the potential hurdles to a rapid change in the law
CAN SAME-SEX MARRIAGE BE LEGAL BY CHRISTMAS?
Absolutely — but it’s not going to be easy.
The Government is going to have to pull out every fancy trick it can to get the legislation through with only nine sitting days left this year and the citizenship fiasco consuming the national agenda.
Malcolm Turnbull is also going to face a major leadership test to get Coalition backbenchers who oppose gay marriage — including outspoken former prime minister Tony Abbott — to fall in line.
But Liberal Senator Dean Smith’s Bill is drafted, ready to go and will go before the Senate today.
It already has the full backing of Labor and the Greens in its current form.
And the resounding 61.6 per cent Yes vote from more than seven million Australians will give federal politicians who back gay marriage plenty of ammunition to get it through parliament as soon as possible.
IS THERE ANY CHANCE NOW IT WON’T BE MADE LEGAL?
No. It’s only a matter of ‘when’ and ‘how’ now.
There is overwhelming support among federal politicians to get this done asap.
Eighty-eight MPs out of 150 in the lower house publicly said that they will support legalising gay marriage in the lead up to the result. Forty-four out of 76 senators in the upper house also backed it.
Now the result is clear, all MPs will have a conscience vote. But those who oppose gay marriage don’t have the numbers to block it.
HOW CAN THE GOVERNMENT PUSH IT THROUGH IN TIME?
One trick will be putting the Bill before the Senate first, instead of the House of Representatives.
Senator Smith will introduce the Bill to the upper house today, which will allow any amendments to be debated straight away.
If it had gone to the House of Representatives first, the Bill would have to be debated and agreed on, then sent to the Senate where amendments could be decided on, then sent back to the House again.
Another trick could be cutting down the time for each speaker.
It would take about 56 hours in total — or several days — if each of the 226 federal politicians were given 15 minutes to speak.
Not everyone will want to speak but the major parties could cut debate time down by days if speakers were given just 10 minutes.
Senator Smith has already moved a motion to extend sitting hours and suspend all other government business for the Bill to be debated today and in the next sitting week beginning November 27.
WHAT ARE THE CHANCES IT COULD BE DELAYED?
There are some hurdles.
The big one will be whether the citizenship fi- asco hijacks the agenda for the final sitting weeks.
Another will be if conservative backbenchers push for dozens of amendments to the Smith Bill.
A third potential hurdle could be an attempt to send the Bill back to committee for review.
But that tactic is unlikely to succeed.
Senator Smith’s Bill is already based on a committee review, which made dozens of recommenda-
tions, including on protecting religious freedoms.
Any efforts to delay passing gay marriage by December 7— the final sitting day of the year — won’t have much support. Most Liberal and Nation- al MPs, including senior conservatives, want this dealt with so they can start 2018 with a relatively clear agenda.
Some in the Coalition ranks, such as Liberal MPs Trevor Evans, Trent Zim- merman and Tim Wilson, have even said they’re willing to stay back longer in Canberra to get it done this year. Let’s hope it doesn’t come to that. It costs an estimated $1 million a day for both houses to stay back.
SO IF IT DOES PASS, WHEN WILL SAME-SEX MARRIAGE BE LEGAL?
Same-sex marriage will be legal by mid-January at the latest if it passes by December 7.
The Smith Bill stipulates that once the GovernorGeneral gives the Bill Royal Assent, usually within a week of it passing parliament, the Government will set a specific day for it to come into effect.
They could say they want it legal the very next day or wait for a nice round start date like January 1. But they can’t wait forever — the Bill requires it take effect within 28 days of Royal Assent.
WHAT DO PEOPLE PREDICT?
“We’re not going to shift the goalposts again. This is not brain surgery. I think we should just get on and do this.” Warren Entsch, Liberal MP and long-time marriage equality campaigner “I think it’s a brave prediction for anyone to make that it will be done this year. This is a major social change in anyone’s language. To say that it can be rushed through would be a great disservice to the Australian people.” Liberal senator Eric Abertz “There is sufficient time for Parliament to enact a same-sex marriage law in the sittings beginning on 27 November. An overwhelming Yes result is likely to lead to pressure to enact one of these Bills quickly.” University of NSW Dean of Law George Williams “All Australians will be wanting the Parliament to address the issue before it rises for the Christmas break. The process will allow every parliamentarian to have their say. It will allow amendments to be debated and agreed. I strongly doubt the electorate will look favourably on any politician or party that seeks to use parliamentary process to disrupt or delay the legislation of same-sex marriage in Australia.” Liberal senator Dean Smith
WILL THIS BILL PROTECT RELIGIOUS FREEDOMS?
Yes — but not to the extent the No campaign and conservative MPs are seeking. Dean Smith’s Bill will: • Allow ministers of religion to refuse to marry two people if it goes against their beliefs; • Allow businesses directly linked to a church or that were set up “for religious purposes” to refuse to provide goods or services for a same-sex couple’s wedding; • Create a new category of religious marriage celebrants, who don’t have to be part of a church, who can refuse to marry same-sex couples if it goes against their beliefs.
Conservative MPs want protections for parental rights, freedom of speech, and freedom of religion and allow for conscientious objection. They also want a “no detriment clause” to allow people who are not religious to voice their views without penalty.
Liberal MP Trevor Evans backs same-sex marriage and says Australians “would be reluctant to embrace changes that would significantly roll back existing anti-discrimination laws”.