On 15 November 2017 Senator Dean Smith (LIB,
WA) introduced, on behalf of eight cross-party co-sponsors, a bill to amend the Marriage
Act 1961 (Cth) so as to redefine marriage as ‘a union of two people’. This was
the fifth marriage equality bill introduced in the current (45th) Parliament. Senator
Smith’s Bill passed the third reading stage in the Senate on
29 November 2017; for the first time a marriage equality bill was debated by
another chamber when the Bill was introduced into the House of Representatives
on 4 December 2017. The Bill passed the third reading stage in the House
on 7 December 2017 and received Royal Assent the following day.
A bill introduced into the
House of Representatives in August 2015 was the first cross-party same-sex
marriage bill introduced into the Parliament. An earlier House of
Representatives bill, introduced by Opposition leader Bill Shorten (ALP, Vic.),
was the first time a same-sex marriage bill was introduced by the leader of a
political party.
This Quick Guide provides a
chronological list of bills relating to marriage equality introduced into the
federal parliament, including bills restored to the Notice Paper or
reintroduced in a later parliament. The information on each bill includes:
The list also includes one
government bill: the Marriage Amendment Bill 2004 which inserted the definition
of marriage as the ‘union between a man and a woman’.
The list does not include
the following plebiscite bills (in which no party was granted a conscience vote):
As part of the Government’s
preparation for the plebiscite, Attorney-General, Senator George Brandis (LIB,
Qld) released, for discussion, an exposure
draft of a Marriage Amendment (Same-Sex Marriage) Bill. On 30 November
2016, the Senate voted
to establish a Senate Select Committee to examine the exposure draft, with
particular reference to religious freedom protections. The Committee’s report,
tabled on 15 February 2017, identified ‘broad areas of agreement and areas for
further debate by a Parliament’. The Marriage Amendment (Definition and
Religious Freedoms) Bill 2017 introduced by Senator Dean Smith was described
by Senator Penny Wong (ALP, SA) as ‘a bill based on the
consensus report of a cross-party Senate select committee, a committee which
undertook extensive consultations with groups supportive of and opposed to
marriage equality, and its recommendations sought to balance these interests’.
The Australian Marriage Law
Postal survey did not require legislation. On 9 August 2017 the Treasurer,
Scott Morrison (LIB, NSW) issued a Direction to the Australian Statistician
(the Census and
Statistics (Statistical Information) Direction 2017) asking the ABS to collect ‘statistical information about the proportion of electors
who wish to express a view about whether the law should be changed to allow
same-sex couples to marry’. On 16 August 2017, the Minister for Finance,
Senator Mathias Cormann (LIB, WA), acting on behalf of the Treasurer, issued
the Census and Statistics (Statistical Information) Amendment Direction
2017. This Direction clarified ‘the statistical information to be
published and define[d] eligibility for participation in the statistical survey
as those persons who would be entitled to vote in a federal election’.
Please note the following
abbreviations: 2R (second reading), 3R (third reading), HoR (House of
Representatives), Australian Conservatives (AC), Australian Democrats (AD),
Australian Greens (AG), Australian Labor Party (ALP), Country Liberal Party
(CLP), Derryn Hinch’s Justice Party (DHJP), Liberal Democratic Party (LDP), Liberal
Party of Australia (LIB), The Nationals (NP), Nick Xenophon Team (NXT), Pauline
Hanson’s One Nation (PHON) and Independent (IND).
The Marriage Bill 1961 was first introduced into the House
of Representatives on 19 May 1960 by Attorney-General Sir Garfield Barwick (LIB,
NSW) as the Marriage Bill 1960. The Bill sought to introduce uniform marriage
laws across Australia. In his second
reading speech on 19 May 1960 Barwick noted that:
The second reading debate
was postponed to allow for consultations with the States and other interested
organisations over the proposed administrative arrangements. On 18 August 1960
the Bill passed the second reading stage in the House of Representatives
without a division. On 8 September 1960 Barwick announced that various
adjustments to the Bill were required. He proposed circulating amendments,
withdrawing the Bill at the committee stage and replacing it with a new Bill
incorporating the amendments. The Bill lapsed before the committee stage
because the second session of the Parliament was closed on 9
December 1960.
Both major parties (ALP and
LIB) were granted a conscience vote on the Bill. On 22 March 1961 the Bill
passed the second and third reading stages in the House of Representatives
without divisions.
The Bill was introduced into
the Senate on 23 March 1961 and passed the second reading stage on 18 April 1961
without division. On the same day, during the committee stage, Senator George
Hannan (LIB, Vic.) sought to insert a definition of marriage as ‘the voluntary
union of one man with one woman for life to the exclusion of all others’ but
this was defeated
40–8. The Bill passed the third reading stage without division.
| Marriage Amendment Bill 2004 |
| Year |
2004 |
| Status |
Current (in force) |
Government
Prime Minister |
Coalition
John Howard |
| Parties with a conscience vote |
None |
| Bill type |
Government |
| Description |
The Marriage Legislation Amendment Bill
2004 sought to amend the Marriage Act 1961 (Cth) to define marriage as
a union of a man and a woman; and clarify that same-sex marriages entered
into under the law of another country would not be recognised in Australia;
and Family Law Act 1975 (Cth) to prevent intercountry adoptions by
same sex couples under multilateral or bilateral agreements or arrangements.
The Bill was
referred to a Senate Committee for inquiry but within a day of its referral a
second Bill (the Marriage Amendment Bill 2004) was introduced into
Parliament. This second Bill did not contain the amendments relating to
overseas adoption — these being the ones that the Labor Party had indicated
it would not support. At the same time, the parliamentary committee inquiry
into the first Bill was also abandoned. The rationale for this unusual and
dramatic change of direction was so that the Bill would have a speedy passage
through the Parliament. (See Same-sex
marriage, Background Note, p. 5.)
The Bill was introduced into the HoR on 27/05/04 and
passed the 2R and 3R stages on 17/06/04 without division. The Bill was
introduced into the Senate on 18/06/04. The 2R moved on the same date.
Bill homepage Bills digest
The second bill, the Marriage Amendment
Bill 2004, sought to amend the Marriage Act 1961 (Cth) to define
marriage as a union of a man and a woman; and clarify that same-sex marriages
entered into under the law of another country will not be recognised in Australia.
Attorney-General Phillip Ruddock (LIB, NSW) stated
in his 2R speech that:
The bill is necessary because there is
significant community concern about the possible erosion of the institution
of marriage ... A related concern held by many people
is that there are now some countries that permit same-sex couples to marry.
The amendments to the Marriage Act
contained in this bill will make it absolutely clear that Australia will not
recognise same-sex marriages entered into under the laws of another country,
whatever that country may be.
Bill
homepage Bills
digest |
| Sponsor |
Government bill |
| Debates |
HoR: introduced 24/06/04; 2R Ruddock
and 3R 24/06/04
Senate: introduced 12/08/04; 2R and 3R 12/08/04 |
| Votes |
HoR: 24/06/04 2R and 3R: no division
Senate: 12/08/04 2R Ayes:
38, Noes: 7; 3R Ayes:
38, Noes: 6 |
| Result |
The first Bill, the Marriage
Legislation Amendment Bill 2004, lapsed at the end of the 40th Parliament
(31/8/2004).
The second Bill, the Marriage Amendment
Bill 2004, passed both Houses. |
| |
|
| Same Sex Relationships (Enduring
Equality) Bill 2004 |
| Year |
2004 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
John Howard |
| Parties with a conscience vote |
None |
| Bill type |
Private member |
| Description |
The Bill sought to ensure people in same-sex relationships
receive the same rights as people in heterosexual relationships in all areas
of the law (including marriage).
Bill
homepage |
| Sponsor |
Michael Organ (AG, NSW) |
| Debates |
HoR: introduced 24/05/04 Organ |
| Votes |
No vote |
| Result |
The Bill did not proceed past the first reading. |
| |
| Same-Sex Marriage Bill 2006 |
| Year |
2006 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
John Howard |
| Parties with a conscience vote |
None |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to ensure that same-sex marriages are given equal status
to heterosexual marriages, including repealing the definition of ‘marriage’
as the union between a man and a woman and repealing provisions which prevent
same-sex marriages entered into under the law of another country from being
recognised in Australia.
Bill
homepage |
| Sponsors |
Natasha Stott Despoja (AD, SA), Andrew Bartlett (AD,
Qld) |
| Debates |
Senate: Bill introduced 15/06/06; 2R Bartlett
15/06/06 |
| Votes |
No vote |
| Result |
The Bill lapsed at the end of 41st Parliament
(17/10/2007). |
| |
| Marriage (Relationships Equality)
Amendment Bill 2007 |
| Year |
2007 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
John Howard |
| Parties with a conscience vote |
None |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage |
| Sponsor |
Kerry Nettle (AG, NSW) |
| Debates |
Senate: introduced 01/03/07; 2R Bob
Brown (AG, Tas.) 01/03/07 |
| Votes |
No vote |
| Result |
The Bill lapsed at the end of 41st Parliament
(17/10/2007). |
| |
| Marriage (Relationships Equality)
Amendment Bill 2008 |
| Year |
2008 |
| Status |
Lapsed |
Government
Prime Minister |
ALP
Kevin Rudd |
| Parties with a conscience vote |
None |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to amend the definition of marriage to include same-sex
couples. Bill
homepage |
| Sponsor |
Kerry Nettle (AG, NSW) |
| Debates |
Senate: introduced 14/02/08, 2R Nettle
14/02/08 |
| Votes |
No vote |
| Result |
The Bill lapsed at the end of 42nd Parliament
(19/07/2010). |
| |
| Same-Sex Marriage Bill 2008 |
| Year |
2008 |
| Status |
Lapsed |
Government
Prime Minister |
ALP
Kevin Rudd |
| Parties with a conscience vote |
None |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to ensure that same-sex marriages are given equal status
to heterosexual marriages, including repealing the definition of ‘marriage’
as the union between a man and a woman and repealing provisions which prevent
same-sex marriages entered into under the law of another country from being
recognised in Australia.
Bill
homepage |
| Sponsor |
Andrew Bartlett (AD, Qld) |
| Debates |
Senate: Bill restored to the Notice Paper 14/02/08 (see
Same-Sex Marriage Bill 2006), no further debate |
| Votes |
No vote |
| Result |
The Bill lapsed at the end of 42nd Parliament
(19/07/2010). |
| |
| Marriage Equality Amendment Bill 2009 |
| Year |
2009 |
| Status |
Defeated |
Government
Prime Minister |
ALP
Kevin Rudd |
| Parties with a conscience vote |
None |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove all discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex,
sexuality and gender identity.
Bill homepage |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 24/06/09; 2R Hanson-Young 24/06/09; referred to Senate Legal and
Constitutional Affairs Legislation Committee 25/06/09; the Committee reported
on 26/11/09. The Committee recommended that the Bill not be passed. |
| Votes |
Senate: 25/02/10 2R Ayes:
5, Noes: 40 |
| Result |
The Bill was defeated at 2R stage in the Senate. |
| |
| Marriage Equality Amendment Bill 2010 |
| Year |
2010 |
| Status |
Lapsed |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP
On 03/12/2011 delegates to the ALP National Conference adopted marriage
equality as official ALP policy. (See ALP National Platform, paras
126-7.) Delegates also supported Prime Minister Gillard’s proposal that MPs
be allowed a conscience
vote on the issue. |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage Bills
digest |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 29/09/10; 2R Hanson-Young 29/09/10; referred to Senate Legal and
Constitutional Affairs Committee 08/02/12; the Committee reported on 25/06/12; debate
resumed 23/08/12. |
| Votes |
No vote |
| Result |
The Bill was discharged from the Senate Notice Paper on
25/02/13. |
| |
| Marriage Amendment Bill 2012 |
| Year |
2012 |
| Status |
Defeated |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP |
| Bill type |
Private members |
| Description |
The Bill sought to amend the Marriage Act 1961
(Cth) to enable same-sex marriages to be recognised and place no obligation
on a minister of religion to solemnise a same-sex marriage.
Bill
homepage Bills
digest |
| Sponsor |
Stephen Jones (ALP, NSW) |
| Debates |
HoR: introduced 13/02/12; 2R Jones
27/02/12 |
| Votes |
HoR: 19/09/12 2R Ayes:
42 (ALP: 38) Noes: 98 (ALP: 26) |
| Result |
The Bill was defeated at the 2R stage in the House of
Representatives. |
| Comments |
Before the vote Opposition Leader Tony Abbott (LIB, NSW)
had refused to grant his party a conscience vote saying in a Sky News interview
on 12/12/11:
I went to the [2010] election saying that
the Coalition had a clear policy on this [same-sex marriage]. It wasn't just
a personal position ... it was the clear policy of the Coalition at the
election that marriage was between a man and a woman.
In his 2R speech Malcolm Turnbull (LIB, NSW) said ‘Were
... a free vote to be permitted I would support legislation which recognised
same-sex couples as being described as in a marriage.’ |
| |
| Marriage Equality Amendment Bill 2012 |
| Year |
2012 |
| Status |
Lapsed |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage Bills
digest |
| Sponsors |
Adam Bandt (AG, Vic.), Andrew Wilkie (IND, Tas.) |
| Debates |
HoR: introduced Bandt 13/2/2012; 2R Bandt 18/06/12 |
| Votes |
HoR: no 2R vote occurred |
| Result |
The Bill lapsed when the House of Representatives was
dissolved on 05/08/13. |
| |
| Marriage Amendment Bill (No. 2) 2012 |
| Year |
2012 |
| Status |
Defeated |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage Act 1961
(Cth) to enable same-sex marriages to be recognised and place no obligation
on a minister of religion to solemnise a same-sex marriage.
Bill
homepage |
| Sponsors |
Carol Brown (ALP, Tas.), Trish Crossin (ALP, NT), Gavin
Marshall (ALP, Vic.) and Louise Pratt (ALP, WA) |
| Debates |
Senate: introduced 10/09/12; 2R Crossin 10/09/12 |
| Votes |
Senate: 20/09/12 2R Ayes:
26 (ALP: 16), Noes: 41 (ALP: 11) |
| Result |
The Bill was defeated at the 2R stage in the Senate. |
| Comments |
In the 2R debate Senator
Sue Boyce (LIB, Qld) said ‘I would like to put on record my support for
the intention of this Marriage Amendment Bill (No. 2) 2012’. Senator
Cory Bernardi (LIB, SA) said:
If we are prepared to redefine marriage ...
then what is the next step? The next step ... is having three people or four
people that love each other being able to enter into a permanent union
endorsed by society—or any other type of relationship ... There are even some ...
people out there ... [who say] it is okay to have consensual sexual relations
between humans and animals. Will that be a future step?
|
| |
| Marriage Equality Amendment Bill 2013 |
| Year |
2013 |
| Status |
Lapsed |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 25/02/13; 2R Hanson-Young 25/02/13; debate adjourned 26/11/14 |
| Votes |
No vote |
| Result |
The Bill lapsed at the end of the 43rd Parliament. |
| |
| Marriage Act Amendment (Recognition of
Foreign Marriages for Same-Sex Couples) Bill 2013 |
| Year |
2013 |
| Status |
Defeated |
Government
Prime Minister |
ALP
Julia Gillard |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage Act 1961
(Cth) to enable same-sex marriages validly entered into in foreign countries
to be recognised under the laws of Australia.
Bill
homepage |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 16/05/13; 2R Hanson-Young
16/05/13 |
| Votes |
Senate: 20/6/2013 2R Ayes:
28 (ALP: 17) Noes: 44 (ALP: 12) |
| Result |
The Bill was defeated at the 2R stage in the Senate. |
| Comments |
Senator
Sue Boyce (LIB, Qld) crossed the floor to vote in favour of the Bill.
On 19/06/13 media reports suggested
that Senator Cory Bernardi (LIB, SA) said that some sections of society were
now moving in the direction he had predicted [polyamorous relationships]. On
28/02/13 Senator Bernardi had spoken
in the Parliament about a petition initiated by the Polyamory Action Lobby on
this issue. |
| |
| Marriage Equality Amendment Bill 2013 |
| Year |
2013 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Tony Abbott |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 12/12/13; 2R Hanson-Young,
debate adjourned 12/12/13 |
| Votes |
|
| Result |
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation, was restored to the Notice Paper on 19/4/16, and lapsed
at the dissolution of the Parliament on 9/5/16. |
| |
| Recognition of Foreign Marriages Bill
2014 |
| Year |
2014 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Tony Abbott |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to: remove the prohibition of the recognition of same-sex
marriages solemnised in a foreign country; and provide that these marriages
are recognised under the laws of Australia.
Bill homepage |
| Sponsor |
Sarah Hanson-Young (AG, SA) |
| Debates |
Senate: introduced 15/05/14; 2R Hanson-Young, debate adjourned 15/05/14; Bill referred to
Senate Legal and Constitutional Affairs Legislation Committee 15/05/14; the
Committee reported
on 25/09/14. The Committee recommended that the Bill not be passed. |
| Votes |
|
| Result |
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation, was restored to the Notice Paper on 19/4/16, and lapsed
at the dissolution of the Parliament on 9/5/16. |
| |
| Freedom to Marry Bill 2014 |
| Year |
2014 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Tony Abbott |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to provide that people may marry regardless of their sex,
sexual orientation or gender identity; registered marriage celebrants are not
able to discriminate; religious and non-religious private sector celebrants
have freedom of conscience not to solemnise marriages; and chaplains in the
defence force may exercise a freedom of conscience while maintaining a
positive duty to try to ensure that all couples who seek their services are
able to marry.
Bill homepage |
| Sponsor |
David Leyonhjelm (LDP, NSW) |
| Debates |
Senate: introduced 26/11/14; 2R Leyonhjelm,
debate adjourned 26/11/14 |
| Votes |
|
| Result |
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation. |
| |
| Marriage Amendment (Marriage Equality)
Bill 2015 |
| Year |
2015 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Tony Abbott |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
| Description |
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill
homepage |
| Sponsor |
Bill Shorten (ALP, Vic., Leader of the Opposition) |
| Debates |
HoR: introduced 01/06/15; 2R Shorten 01/06/15; Federation Chamber 15/06/15,
22/06/15, 12/8/15,
debate adjourned 17/8/15 |
| Votes |
|
| Result |
The Bill was removed from the Notice Paper in accordance
with Standing
Order 42 on 9/2/16. |
| Comments |
On 27/05/15, in answer to a Question without Notice from
Bill Shorten, Leader of the Opposition, on allowing a conscience vote on
same-sex marriage, Prime Minister Tony Abbott said: ...
If, because of the actions of this
parliament, a private member's bill were to be brought on for a vote, at that
point in time, this matter—as is well known—would be handled by the coalition
party room.
This is an important issue. It is not the
only important issue facing our country right now, but it is an important
issue. It is an issue upon which there are sharply divided views inside this
parliament, inside our respective political parties and, indeed, as is well
known, even inside my own family. It is important that all views be treated
with respect, because this is one of those subjects upon which decent people
can disagree. Now, I cannot foresee the future. I do not know how our society
will develop. I do not know how this parliament will proceed in the months
and years ahead. I do just make this one point, though. If our parliament
were to make a big decision on a matter such as this, it ought to be owned by
the parliament and not by any particular party. So I would ask the Leader of
the Opposition and all members of parliament to consider this as we ponder
these subjects in the weeks and months to come.
|
| |
| Marriage Legislation Amendment Bill
2015 |
| Year |
2015 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Tony Abbott |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
| Description |
The Bill sought to amend the Marriage Act 1961
(Cth) to allow couples to marry, and have their marriages recognised,
regardless of sex, sexual orientation, gender identity or intersex status.
Bill
homepage |
| Sponsor |
Warren Entsch (LIB, Qld), Teresa Gambaro (LIB, Qld), Terri
Butler (ALP, Qld), Laurie Ferguson (ALP, NSW), Adam Bandt (AG, Vic.), Cathy
McGowan (IND, Vic.) and Andrew Wilkie (IND, Tas.) |
| Debates |
HoR: introduced 17/08/15; 2R Entsch,
debate adjourned 17/08/15 |
| Votes |
|
| Result |
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation. |
| Comments |
On 26 July 2015, the ALP National Conference agreed
to continue the existing policy and allow members a conscience vote on
same-sex marriage until 2019 after which (on the commencement of the 46th
Parliament) members will be bound to support same-sex marriage. Opposition
leader, Bill Shorten, promised
that within 100 days of a Labor government being elected he would ‘move in
the parliament of Australia for marriage equality for Australians’.
On 11 August 2015 the Coalition party room considered
its position on same-sex marriage in a six hour meeting. The following day, in
response to a Question without Notice, Prime Minister Tony Abbott, referred
to the result of the party room meeting and stated:
The government [has] ... done what we said
we would do before the election. Before the election, I said that if this
matter was to come up in this parliament it would be dealt with by the
coalition party room in the usual way ...
This matter was discussed by our party
room ... for fully six hours yesterday; some 90 members of the party room had
their say. By a very strong majority, essentially by two to one, we decided
to confirm our existing position for this term of parliament, the position
that we took to the election, that marriage is between a man
and a woman.
The Prime Minister also raised the possibility of holding
a plebiscite or referendum on the issue during the term of the next
parliament. In the same answer he said:
Our strong disposition is to go into the
next election with a commitment to put this to the people.
|
| |
| Marriage
Amendment (Marriage Equality) Bill 2016 |
| Year |
2016 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
| Description |
The Bill sought to amend the Marriage Act 1961
(Cth) to define marriage as a union of two people; clarify
that ministers of religion are not bound to solemnise marriage by any other
law; remove the prohibition of the recognition of same-sex marriages
solemnised in a foreign country; and include a regulation making power so
that consequential amendments can be made to other Acts.
Bill
homepage |
| Sponsor |
Tanya Plibersek (ALP, NSW) |
| Debates |
HoR: introduced 2/5/16; 2R Plibersek,
debate adjourned 2/5/16 |
| Votes |
|
| Result |
The Bill lapsed at the dissolution of the Parliament on
9/5/16. |
| Comments |
Deputy Leader of the Opposition,
Tanya Plibersek, reintroduced the Labor Party’s 2015 Bill which had been
removed from the Notice Paper and explained the reason for the 2016 Bill:
When we heard that coalition MPs did not
feel they could support a bill introduced by the Leader of the Opposition [in
2015], we withdrew our bill to allow another to be put forward, sponsored by
backbenchers from all parties.
Neither the Leader of the Opposition nor I
cared whose name was on the bill, only that it would pass ...
He [Prime Minister Malcolm Turnbull]
signed on to the plebiscite-delaying tactic to secure the support of the
Liberal Party's right wing.
We know it is nothing but a delaying
tactic because there is no sign of movement from this government ...
That is why, today, we will try to put
right some of that by reintroducing a bill for marriage equality ...
[S]adly, it is unlikely this bill will
pass this week. But our push for full equality is not going away. Think of this bill as a marker.
|
| |
| Marriage Equality Amendment Bill 2013 |
| Year |
2016 |
| Status |
Current |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
| Description |
The Bill seeks to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage |
|
Sponsor
|
Sarah Hanson-Young (AG, SA) [Janet Rice (AG, Vic.)] On
30/8/16 Senator Rachel Siewert (AG, WA) moved
that the Bill be restored to the Notice Paper and
that consideration of the Bill be resumed at the stage reached [second
reading] in the last session of the previous Parliament. |
| Debates |
Senate: the Bill was restored to the Notice
Paper on 31/8/16, 2R Rice,
debate adjourned 15/9/16 |
| Votes |
|
| Result |
At the time of writing the Bill is on the Senate Notice
Paper, but will lapse if it is still on the Notice Paper when the
Parliament is dissolved before the next federal election. |
| |
| Marriage Legislation Amendment Bill
2016 |
| Year |
2016 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion or chaplains are not bound to solemnise marriage;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and make a consequential amendment to the
Sex Discrimination Act 1984 (Cth). The Bill also includes a regulation
making power so that consequential amendments can be made to other Acts.
Bill
homepage
|
| Sponsor |
Bill Shorten (ALP, Vic., Leader of the Opposition) |
| Debates |
HoR: introduced 12/9/16; 2R Shorten,
debate adjourned 12/9/16 |
| Votes |
|
| Result |
The Bill was removed from the Notice Paper in
accordance with Standing
Order 42 on 21/03/17. |
| |
| Marriage Legislation Amendment Bill
2016 [No. 2] |
| Year |
2016 |
| Status |
Lapsed |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
| Parties with a conscience vote |
ALP |
| Bill type |
Private member |
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion or chaplains are not bound to solemnise marriage;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and make a consequential amendment to the
Sex Discrimination Act 1984 (Cth). The Bill also includes a regulation
making power so that consequential amendments can be made to other Acts.
Bill homepage
|
| Sponsor |
Adam Bandt (AG, Vic.), Cathy McGowan (IND, Vic.) and
Andrew Wilkie (IND, Tas.) |
| Debates |
HoR: introduced 12/9/16; 2R Bandt
12/9/16, debate adjourned 21/11/16 |
| Votes |
|
| Result |
The Bill was removed from the Notice Paper in
accordance with Standing
Order 42 on 20/06/17. |
| |
| Freedom to Marry Bill 2016 |
| Year |
2016 |
| Status |
Current |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
| Parties with a conscience vote |
ALP |
| Bill type |
Private senator |
|
Description
|
The Bill seeks to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
authorised celebrants are not bound to solemnise marriage; remove the
prohibition of the recognition of same-sex marriages solemnised in a foreign
country; and make consequential amendments to the Sex
Discrimination Act 1984 (Cth). The Bill also includes a regulation making
power so that consequential amendments can be made to other Acts.
Bill homepage
|
| Sponsor |
David Leyonhjelm (LDP, NSW) |
| Debates |
Senate: introduced 13/9/16; 2R Leyonhjelm,
debate adjourned 13/9/16 |
| Votes |
|
| Result |
At the time of writing the Bill is on the Senate Notice
Paper, but will lapse if it is still on the Notice Paper when the
Parliament is dissolved before the next federal election. |
|
|
| Marriage Amendment (Definition and Religious Freedoms)
Bill 2017 |
| Year |
2017 |
| Status |
Current (in force) |
Government
Prime Minister |
Coalition
Malcolm Turnbull |
|
Parties with a conscience vote
|
ALP In a media
release on 28 November 2017, Shadow Attorney-General Mark Dreyfus (ALP,
Vic.) noted that many amendments circulated by senators ‘would upset the
careful balance that was negotiated in the development of the Bill’ and
‘variously extend discrimination, or seek to curb peoples’ religious
freedoms’. He also said that:
The Australian people voted to lessen
discrimination, not extend it. We will not allow marriage equality to be
derailed by debates about religious freedoms that are better had elsewhere ...
As such, Labor will not be supporting any
of the substantive amendments as yet put forward by senators. To do so in
this context would only serve to delay the passage of this legislation.
Coalition On 24 June 2016, during the 2016 election campaign,
Prime Minister Malcolm Turnbull discussed the Government’s policy to hold a
plebiscite on same-sex marriage and commented, in relation to granting
members of the Cabinet a free (conscience) vote if a majority of people
voted ‘yes’ in the plebiscite, that ‘[t]he tradition in the
Liberal Party is that on matters of this kind it is a free vote’. On the same
day, upon being asked ‘If MPs are going to have a free vote anyway, then
what’s the point of having a plebiscite, why not just have a free vote?’, the
Prime Minister responded that ‘my predecessor ... the
Coalition Government led by Mr Abbott offered the Australian people that
plebiscite, it was a commitment that we’ve made ... It’s a commitment we have
to honour’. On 29 June 2017 the Prime Minister reiterated that Liberal Party MPs
would have a free vote. |
| Bill type |
Private senator |
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to: redefine marriage as ‘a union of two people’;
introduce non-gendered language so that the requirements of the Act apply
equally to all marriages; enable same-sex marriages that have been, or will
be, solemnised under the law of a foreign country to be recognised in
Australia; amend the definition of ‘authorised celebrant’ to include new
categories of religious marriage celebrants and certain Australian Defence
Force officers; enable ministers of religion, religious marriage celebrants, chaplains
and bodies established for religious purposes to refuse to solemnise or
provide facilities, goods and services for marriages on religious grounds;
and make amendments contingent on the commencement of the proposed Civil
Law and Justice Legislation Amendment Act 2017 (Cth).
The Bill also amends the Sex
Discrimination Act 1984 (Cth) to provide that a refusal by a minister of
religion, religious marriage celebrant or chaplain to solemnise marriage in
prescribed circumstances does not constitute unlawful discrimination.
Bill homepage Bills digest
|
|
Sponsor
|
Dean Smith (LIB, WA) and co-sponsors senators
Linda Reynolds (LIB, WA), Penny Wong (ALP, SA), Louise Pratt (ALP, WA),
Richard Di Natale (AG, Vic.), Janet Rice (AG, Vic.), Skye Kakoschke-Moore
(NXT, SA), Derryn Hinch (DHJP, Vic.) and Jane Hume (LIB, Vic.) |
|
Debates
|
Senate: introduced 15/11/17; 2R Smith,
Wong,
Rice,
Pratt,
Kakoschke-Moore,
Reynolds,
Hume,
Hinch,
16/11/17, Di
Natale 27/11/2017; In Committee 28/11/2017,
28/11/2017
and 29/11/2017;
3R Smith
29/11/2017
HoR: introduced 4/12/2017; 2R 4/12/2017 – 7/12/2017;
Consideration in Detail 7/12/2017; 3R 7/12/2017 |
|
Votes
|
Senate: 2R 28/11/2017 no
division, 3R 29/11/2017 Ayes:
43 Noes: 12
(3R Ayes: AG 9, ALP 14, CLP 1, DHJP 1, LDP 1, LIB 14, NP 1, NXT 2; 3R Noes:
AC 1, ALP 2, IND 2, LP 3, NP 3, PHON 1)
Media reports suggested the following abstentions:
ALP 2 (one senator internally paired), LP 4, NP 1, PHON 2
Senators granted leave:
ALP 7, LP 1
HoR: 2R 7/12/2017 no
division, 3R 7/12/2017 those voting against the Bill called for a
division. The ayes were not recorded. (3R Noes: LIB 1, KAP
1, NP 2)
Media reports differed over the number
of members who supported the Bill and those who abstained. One report suggested ‘close to 130’ voted
for the Bill, another report that ‘it is estimated that
about 14 MPs did not vote’ on the Bill. |
|
Result
|
The Bill passed both Houses and received Royal Assent on
8 December 2017. (Marriage
Amendment (Definition and Religious Freedoms) Act 2017, No. 129,
2017) |