The path to same-sex marriage remains uncertain, with Opposition Leader Bill Shorten seemingly open to blocking the Coalition's plebiscite legislation and suggesting Labor might seek a conscience vote in Parliament first.
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Have a conscience vote: Shorten
Bill Shorten hasn't ruled out blocking a same sex marriage plebiscite. Courtesy ABC News 24.
Mr Shorten is coming under pressure to show his hand after refusing to answer questions during the election campaign on how the opposition would respond to the Coalition's plebiscite, insisting Labor would form government and promising legislation to reform the Marriage Act within 100 days of the new Parliament.
"Let's see if we can't have a conscience vote in the Parliament first-off," he said when asked about the issue on Monday.
"What is the case for $160 million to be spent on a taxpayer-funded opinion poll, which the hard right of the Liberal Party said they're not going to be bound by anyway?"
Mr Shorten said the Australian people appreciate authenticity and would respect Prime Minister Malcolm Turnbull "if he stuck to his own views before he became Liberal leader".
Mr Turnbull was an ardent critic of the plebiscite proposal before becoming Prime Minister, and has continued to concede there are arguments against it, but defends it as a government policy he inherited from former prime minister Tony Abbott.
"I think the nation, the people of Australia, made it clear they want the Parliament to work," Mr Shorten said. "I think it would be a lot more practical and common sense to have a vote in the Parliament and be done with the issue and then we can get on with the other big issues, which are out there too."
Marriage plebiscite in limbo
With the outcome of the election up in the air what is to become of same sex marriage? Fairfax's Michael Koziol explains the possibilities.
When asked a second time if Labor would block the plebiscite, which has 69 per cent support according to the latest Fairfax-Ipsos poll, Mr Shorten said: "We'll have a look at this matter."
"I wish Mr Turnbull would reconsider his position. Do we really need in Australia to have a damaging plebiscite?"
While the Coalition will hold a narrow majority, with 76 or 77 seats, in the 150-seat House of Representatives, a Senate grouping of Labor, the Greens and minor parties will be able to block legislation.
Of 76 upper house seats, the Coalition is projected to have roughly 30, Labor 26 and the Greens nine. The Nick Xenophon Team and One Nation are likely to have three each, Jacqui Lambie and Derryn Hinch will be their parties' only representatives. Three to five seats are up in the air.
Thirty-nine votes are needed to pass legislation and 38 are needed to block.
Labor parliamentary secretary Terri Butler, one of the Parliament's most vocal proponents of gay marriage, said she still wants to prevent a plebiscite but that the situation remains unclear.
"My view is we should do everything we can to prevent the same-sex marriage plebiscite but we only conceded the election yesterday and there are still too many variables to fall into place," the Queensland MP said.
"In good faith, I will certainly be seeking a cross-party solution that avoids a plebiscite."
Leading same-sex marriage advocate Rodney Croome has called for the plebiscite to be blocked and for a free vote among Coalition MPs, saying there is "no doubt" it would see same-sex marriage passed in the new Parliament.
"There's 81 members of the House of Representatives who have publicly declared their support for marriage equality and that's a clear majority - but obviously some of those are on the Coalition side," he said.
"I'm against a plebiscite and I think there's an opportunity to block the legislation and instead have a free vote in Parliament."
Mr Croome would like to see the matter return to the government party room, predicting there could be a different result to last year when former prime minister Tony Abbott ensured MPs would be bound against reform and a public vote held.
Mr Shorten has repeatedly referenced Ireland's 2015 referendum on same-sex marriage, required by their constitution, as a "destructive" and "harmful" experience to be avoided while the Prime Minister has expressed confidence that Australians could have a respectful debate.
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