Rival same-sex marriage bill to curtail anti-discrimination laws for religious freedom
A Liberal Senator has proposed a rival same-sex marriage bill that would curtail anti-discrimination laws in order to âpreserveâ religious freedoms.
The draft legislation, released by Senator James Paterson on Monday, competes with fellow Liberal Senator Dean Smithâs marriage bill.
Senator Patersonâs proposal would allow a person or business to refuse service related to a same-sex wedding. Government employees would be protected for refusing to register a same-sex marriage.
The bill would protect ârelevant beliefsâ that âthe normative state of gender is binaryâ and âsexual relations should only occur within a marriageâ. It gives celebrants and chaplains the power to determine a personâs gender and supersede the legal status of their gender.
The bill would also guarantee the right of parents to opt their children out of school classes that conflicted with their values.
It seeks to protect freedom of speech and enacts a narrow anti-detriment clause, which would prevent governments and agencies taking adverse action against someone with a traditional view of marriage.
Under the proposal, the federal law would quash state and territory anti-discrimination protections.
Unlike Senator Smithâs bill, Senator Patersonâs proposal would not remove the definition of a marriage as between âa man and a womanâ and would instead add an additional clause that marriage can be âthe union of two peopleâ.
Cabinet minister Mathias Cormann said his personal instinct was that the Smith bill was âprobably a good starting positionâ because it had been subject to a cross-party Senate committee process.
âBut I suspect it will need improvement in terms of strengthening religious protections,â he told ABC radio.
Ultimately it was up to Parliament to decide which bill was the âvehicle to facilitateâ the parliamentary debate.
âThere wonât be a government position, there wonât be a party position,â Senator Cormann said.
Senator Paterson, who voted yes in the marriage postal survey, says any ensuing law changes shouldnât have negative consequences for opponents of same-sex marriage.
âIf the parliament opts for a narrower bill with fewer protections, I fear we will see some Australians seek to impose their values on others, with court cases and other legal mechanisms,â he said in a statement announcing the draft bill.
âIâve never believed that allowing same-sex couples to marry needs to come at the expense of the freedoms of other Australians.â
Senator Paterson believes state and federal anti-discrimination laws arenât strong enough.
Almost eight in 10 Australians who received the Australian Bureau of Statistics same-sex marriage survey form have already had their say.
The survey result will be announced on Wednesday.







