Marriage Amendment (Definition and Religious Freedoms) Bill 2017

The majority voted against the amendments (1)-(3) and (6)-(9) introduced by One Nation Senator Pauline Hanson, which means they failed.

The amendments related to the issue of having separate categories for "civil marriage celebrants" versus "religious marriage celebrants". Senator Hanson argued that:

The difference in definition between religious marriage celebrants and civil marriage celebrants is unnecessary. If a marriage celebrant wants to refuse to solemnise a marriage, they should be entitled to do so without recrimination. If a marriage celebrant wants to refuse to provide their services, they should not be required to give their reasons. One Nation's amendments would remove the distinction between religious marriage celebrants and civil marriage celebrants and revert to the single-definition term 'authorised celebrant', which has stood the test of time in the Marriage Act. There is no justification for requiring someone to give their reasons for refusing to solemnise a marriage, whether those reasons are religious, ethical or conscientious objections, or that the marriage celebrant has had a better offer or is simply having a bad day.

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.