edited
29th Dec 2017
Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - in Committee - Religious and conscientious protection
Not passed by a small majority
No rebellions 92% attendance
29th Nov 2017 – Senate Marriage Amendment (Definition and Religious Freedoms) Bill 2017 - in Committee - No obligation to solemnise marriage
Summary
EditThe majority voted against an amendment introduced by Senator David Leyonhjelm, which means the amendment failed.
Amendment text
(2) Schedule 1 , page 11 (line 20) , after item 47A , insert:
47AA Authorised celebrants (other than State and Territory officers) not bound to solemnise marriages etc.
Subject to subsection 39(4), nothing in this Part:
(a) imposes an obligation on an authorised celebrant to solemnise any marriage
Why did some Liberals vote Yes and others No?
The Liberal Party was split on this issue, with some voting Yes and others voting No. This split within the party is unusual but, given the nature of the subject matter of the vote, the Liberal Party decided to run this as a free vote, meaning that its members could vote however they chose rather than having to vote along party lines.
What does this bill do?
This bill will allow same-sex couples to marry under Australian law. However, it will also:
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 ... 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.
Read more in the bills digest.
Votes Not passed by a small majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Cory Bernardi SA Australian Conservatives | Absent | |
| Australian Greens (100% turnout) | 0 Yes – 9 No | |
| Andrew Bartlett Queensland | No | |
| Richard Di Natale Victoria | No | |
| Sarah Hanson-Young SA | No | |
| Nick McKim Tasmania | No | |
| Lee Rhiannon NSW | No | |
| Janet Rice Victoria | No | |
| Rachel Siewert WA | No | |
| Jordon Steele-John WA | No | |
| Peter Whish-Wilson Tasmania | No | |
| Australian Labor Party (72% turnout) | 0 Yes – 18 No | |
| Catryna Bilyk Tasmania | No | |
| Carol Brown Tasmania | No | |
| Doug Cameron NSW | No | |
| Kim Carr Victoria | No | |
| Anthony Chisholm Queensland | No | |
| Jacinta Collins Victoria | No | |
| Chris Ketter Queensland | No | |
| Kimberley Kitching Victoria | No | |
| Jenny McAllister NSW | No | |
| Malarndirri McCarthy NT | No | |
| Claire Moore Queensland | No | |
| Deborah O'Neill NSW | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Lisa Singh Tasmania | No | |
| Anne Urquhart Tasmania | No | |
| Murray Watt Queensland | No | |
| Penny Wong SA | No | |
| Sam Dastyari NSW | Absent | |
| Patrick Dodson WA | Absent | |
| Don Farrell SA | Absent | |
| Alex Gallacher SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Gavin Marshall Victoria | Absent | |
| Glenn Sterle WA | Absent | |
| Nigel Scullion NT Country Liberal Party | Yes | |
| Derryn Hinch Victoria Derryn Hinch's Justice Party | No | |
| Sue Lines WA Deputy President | No | |
| Lucy Gichuhi SA Independent | Absent | |
| David Leyonhjelm NSW Liberal Democratic Party | Yes | |
| Liberal National Party (100% turnout) | 2 Yes – 0 No | |
| Matthew Canavan Queensland | Yes | |
| James McGrath Queensland | Yes | |
| Liberal Party (80% turnout) | 13 Yes – 3 No | |
| Eric Abetz Tasmania | Yes | |
| George Brandis Queensland | Yes | |
| Slade Brockman WA | Yes | |
| David Bushby Tasmania | Yes | |
| Michaelia Cash WA | Yes | |
| Mathias Cormann WA | Yes | |
| Jonathon Duniam Tasmania | Yes | |
| David Fawcett SA | Yes | |
| Concetta Fierravanti-Wells NSW | Yes | |
| Ian Macdonald Queensland | Yes | |
| James Paterson Victoria | Yes | |
| Anne Ruston SA | Yes | |
| Zed Seselja ACT | Yes | |
| Simon Birmingham SA | No | |
| Marise Payne NSW | No | |
| Dean Smith WA | No | |
| Mitch Fifield Victoria | Absent | |
| Jane Hume Victoria | Absent | |
| Linda Reynolds WA | Absent | |
| Arthur Sinodinos NSW | Absent | |
| National Party (67% turnout) | 2 Yes – 0 No | |
| Bridget McKenzie Victoria | Yes | |
| Barry O'Sullivan Queensland | Yes | |
| John Williams NSW | Absent | |
| Nick Xenophon Team (100% turnout) | 0 Yes – 2 No | |
| Stirling Griff SA | No | |
| Rex Patrick SA | No | |
| Pauline Hanson's One Nation Party (100% turnout) | 4 Yes – 0 No | |
| Fraser Anning Queensland | Yes | |
| Brian Burston NSW | Yes | |
| Peter Georgiou WA | Yes | |
| Pauline Hanson Queensland | Yes | |
| Scott Ryan Victoria President | Absent | |
| Totals (79% turnout) | 23 Yes – 34 No |
Turnout is the percentage of members eligible to vote that did vote.