Federal Politics

'Really significant step': Consensus report emboldens push for free vote on same-sex marriage

A fresh parliamentary push on same-sex marriage has become more likely after a cross-party Senate committee reached a broad consensus on refining the government's same-sex marriage legislation.

The "unprecedented show of collaboration" paves the way for a marriage equality bill as soon as next month, to be co-sponsored by Labor, the Greens, gay Liberal senator Dean Smith, the NXT and possibly Derryn Hinch.

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Report advances same-sex vote

A consensus, cross-party senate report has clarified issues surrounding same-sex marriage, including religious exemptions.

In the report published Wednesday, senators took aim at aspects of the Marriage Act changes proposed by Attorney-General George Brandis ahead of the failed same-sex marriage plebiscite.

The exposure draft - the first time an Australian government had outlined its vision for marriage equality - proposed sweeping exemptions to discrimination law for ministers of religion, civil celebrants and religious businesses who did not want to participate in same-sex unions.

But the committee expressed concern the government's draft bill "would explicitly discriminate against same-sex couples" for no good reason, because the Marriage Act already "provides the broadest and strongest protection of religious freedom for ministers of religion".

With regard to civil celebrants, the committee proposed to establish a new subdivision of marriage celebrant titled Religious Marriage Celebrants, to capture civil celebrants of a religious inclination, who would be given the same protections afforded to ministers of religion.

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And the committee was against extending protections to celebrants who did not want to officiate gay unions on the basis of "conscientious belief", declaring there was no need to "disturb decades of anti-discrimination law and practice in Australia".

While the report outlined many complex legal areas requiring further clarification, Fairfax Media understands senators from across the political spectrum went to extra lengths to ensure the committee reached consensus on the major points.

Marriage equality advocates welcomed the multi-partisan effort as a watershed moment in the path to legalising same-sex marriage.

"This is a really significant step forward," said Tiernan Brady, director of Australians 4 Equality. "The Senate committee has risen above party politics. They have shown that political parties can work together to deliver the will of the Australian people."

Greens senator Janet Rice described it as an "unprecedented show of collaboration, negotiation and consensus [that] has given us a way forward to achieve marriage equality in this Parliament".

Committee chairman David Fawcett noted a plebiscite remained the government's position. However, moderate Liberal MPs who have been agitating for the Coalition to abandon its plebiscite policy have pointed to the report as a key marker in their case for a free vote.

Fairfax Media understands the report will inform a cross-party Senate bill to be co-sponsored by Labor, the Greens, gay Liberal senator Dean Smith (who abstained on the plebiscite vote), the NXT and possibly Senator Hinch.

The numbers in such a Senate vote remain tight, particularly if it takes place after replacements for Bob Day and Rodney Culleton are found, which is likely. It would require conservative Labor senators to abstain and Senator Smith, at the very least, to cross the floor.

If successful, Liberals supportive of same-sex marriage would pressure the party for a free vote in the House of Representatives. Those understood to be pushing for a free vote include Tim Wilson, Trent Zimmerman, Trevor Evans and Warren Entsch. They were believed to be carefully considering the Senate report on Wednesday afternoon.

But conservatives in the Coalition have returned fire, with Deputy Prime Minister Barnaby Joyce ordering MPs to stop discussing the "Oxford Street" issue. Prime Minister Malcolm Turnbull has also reiterated the party's position remains the plebiscite.

Even if the subject were debated in the Liberal partyroom, MPs would risk war with the Nationals, whose coalition agreement with the Liberals stipulates that a plebiscite be held.

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