Labor rules out extra religious freedoms in same-sex marriage bill

Labor has called for Liberal senator Dean Smith’s private members bill to be used to legislate marriage equality as soon as possible if the marriage law postal survey returns a yes vote, in effect ruling out further discrimination against same-sex weddings.

Labor caucus resolved on Tuesday that the bill already “strikes an acceptable compromise” between marriage equality and religious freedoms, after repeated calls from the no campaign for further exemptions from discrimination law.

Labor’s support paves the way for the Senate to consider Smith’s bill in the week of 15 November, when the Australian Bureau of Statistics will announce the result of the postal survey and only the Senate is sitting.

Any bill would need to pass the House of Representatives, which returns on 27 November.

Smith’s bill defines marriage as “a union of two people, to the exclusion of all others, voluntarily entered into for life” and includes all lesbian, gay, bisexual, trans and intersex people and relationships.

The bill, which is supported by at least five Liberal MPs, also creates a new class of independent religious celebrants so that civil celebrants will conduct same-sex weddings while religious ministers and celebrants can but will have a right to refuse them.

The bill adopts that recommendation from a cross-party Senate inquiry that concluded in February.

In an opinion piece for Guardian Australia the Australian Marriage Equality co-chairs, Alex Greenwich and Anna Brown, support that bill as “an incredible consensus” that provides the legislative pathway to marriage equality.

The pair warned that Australians “expect urgent action and a fair bill” after the postal survey and “will not stomach any attempts by fringe elements in the parliament to muddy the waters and delay reform with amendments that bring more, not less, discrimination”.

At its caucus on Tuesday Labor resolved that in the event of a yes vote it will push for the government to pass that bill in its current form as quickly as possible.

Bill Shorten told caucus he wanted to make it clear the opposition would support Smith’s bill coming to a vote, but the resolution also noted Labor has a conscience vote on the issue, allowing Labor MPs and senators to vote against the bill.

Labor insists it is not pre-empting the outcome of the postal survey, but it has to be prepared because Tuesday’s meeting is the last full caucus before the result is announced on 15 November.

The Just Equal spokesman, Rodney Croome, welcomed Labor’s decision “to draw the line at the religious protections in senator Smith’s bill”, which he said “provides more than enough protection for religious freedom and conscience”.

On Tuesday Smith said his bill had used the attorney general, George Brandis’s, exposure draft as its foundation and been developed after “wide community consultation” through the Senate committee process.

“The bill is a responsible way to allow for same-sex marriage while at the same time protecting religious views about marriage,” he said.

“It’s important for yes supporters to continue campaigning. Now is not the time for complacency – every vote will count.”

On Tuesday the Australian Bureau of Statistics released its latest estimate that as at Friday 13 October 10.8 million Australians have voted in the marriage law survey, or 67.5% of enrolled voters.

The first ABS turnout figure two weeks ago revealed 57.5% of Australians had voted as of 29 September, increasing by 5% last week to 62.5%. Voting closes on 7 November.

Conservatives including the former prime ministers John Howard and Tony Abbott have called for what they describe as further protections for religious freedom, finding support in the Coalition party room from Zed Seselja, Andrew Hastie and Matt Canavan.

However, most opponents of same-sex marriage have refused to specify what amendments need to be made on top of the ability for churches, religious ministers, celebrants and organisations to refuse gay weddings.

The Smith bill makes clear that organisations established for religious purposes can continue to refuse to make facilities available or provide goods and services for the purposes of a marriage if contrary to its religious beliefs.

The Australian Christian Lobby has called for the right of private service providers including florists, bakers and photographers to be able to refuse to serve gay weddings, which is supported by George Christensen and Cory Bernardi.

Croome said Just Equal would “refuse to accept the right to marry under the conditions being proposed by some, more extreme government members”.

“Australians do not want the marriage equality debate to become a vehicle for the latest brand of US-style anti-LGBTIQ hate politics,” he said.

Peter Dutton has said religious institutions must have the right to teach their own definition of marriage protected but more recently has conceded it will be “difficult” for further amendments to pass parliament.

Senior Liberal moderates including George Brandis and Simon Birmingham have said there is only one question on the marriage law survey ballot, dismissing arguments from the no campaign that supporters of religious freedom should reject same-sex marriage.