PRIME Minister Tony Abbott says he does not expect gay marriage legislation to come before parliament, despite a senior colleague saying it is "likely" coalition MPs will be allowed a conscience vote on the issue.
As attention shifts from the High Court's decision to strike down ACT gay marriage laws, Liberal MP Malcolm Turnbull said if he were given a free vote "I will certainly vote in favour of a marriage equality bill".
Legislation to allow gay marriage was voted down in the last parliament, with then opposition leader Tony Abbott refusing to allow his party a conscience vote.
But Mr Turnbull, a supporter of gay marriage, believed that could change if the issue is revisited in the next three years.
"I think it is likely that we will (have a free vote), but as Tony Abbott has said, it is a decision for the party room, not for him," he told Sky News on Sunday.
Mr Turnbull said it was too early to predict whether the new parliament would back same-sex marriage legislation, but added that Australia was lagging behind other countries such as New Zealand, the UK, Canada and the United States.
"So people of the same sex can get married in Auckland and Wellington, Toronto and Ottawa and Vancouver, in New York and Los Angeles, and Baltimore, in Cape Town, but not Australia," Mr Turnbull said.
"It does start to look as if we're the ones out of step."
However, Mr Abbott gave no indication of allowing a free vote on same sex marriage, instead saying he did not expect legislation to come before the parliament.
"I'm not expecting any legislation to come before the parliament because when legislation came before the last parliament it was fairly decisively dealt with," the prime minister told reporters in Sydney.
"But if legislation comes before the parliament, it will be considered by our party room in the usual way.
"It is really up to individual members of parliament to propose private member's bills if that's what they want."
Deputy Labor leader Tanya Plibersek has announced she will introduce a private member's bill to legalise gay marriage, but only if Mr Abbott allows a conscience vote.
She has also called on Mr Turnbull to co-sponsor the legislation, but the eastern Sydney MP ruled out such a move.
"I can't co-sponsor a private member's bill because I'm a member of the cabinet," Mr Turnbull said.
Gay marriage advocate Rodney Croome said Mr Turnbull's comments reflected growing support within the coalition for a conscience vote and the principle of marriage equality.
"An increasing number of Australians feel embarrassed by the fact that marriage equality has moved forward in countries that are our closest friends and allies, including New Zealand, the UK, the US and Canada," Mr Croome said in a statement.
The Greens Sarah Hanson-Young last week introduced a same-sex marriage bill into the Senate.
