Marriage Amendment Bill (No. 2) 2012

The majority voted in favour of a motion to read the Marriage Amendment Bill (No. 2) 2012 for a second time. This means that the majority of senators reject the main idea of the bill, which was to recognise same-sex marriages.

This means that the bill will not be considered any further.

Debate in Parliament

This bill was introduced as a private senator’s bill by Labor Party Senator Patricia Crossin. It had the support of the Greens Party. The Labor Party was given a conscience vote on it, resulting in Labor senators voting both for and against. The Liberal Party uniformly opposed it.

A key feature of the debate was disagreement as to whether the current marriage law was discriminatory. Supporters of the bill such as Senator Crossin argued that the current law “discriminates against same-sex couples by prohibiting them access to marriage”.(Read Senator Crossin's contribution here. ) Opponents of the bill such as Senator George Brandis disagreed, saying that any discrimination against same-sex couples was removed with bi-partisan support by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 and the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Bill 2008.(Read Senator Brandis' contribution here. )

Background to the Bill

Senator Crossin, who introduced the bill in the name of herself and three other Labor colleagues, highlighted the unusual nature of this bill. That is, although it is not a government piece of legislation, it is “a piece of legislation that has been moved by four members of a government”.(Read Senator Crossin's contribution here. )

The bill aims to enable same-sex couples to marry under Australian law.(More information about this bill can be found here.) However, a minister of religion would not have been obliged to solemnise a same-sex marriage.

References