Liberal Senator James Paterson has released an alternative bill to legalise same-sex marriage that would give bakers, jewellers and florists the right to refuse to provide services for same-sex weddings.
The draft bill has been released just days before the results of a nationwide postal survey are released on Wednesday.
It is understood to be the option preferred by conservative Liberals if a change to the Marriage Act goes ahead, despite Senator Paterson himself supporting same-sex marriage.
“If we change the law to allow same-sex couples to marry, and we don’t at the same time make provisions for religious freedom, then the... freedom of conscience and freedom of speech of some people could suffer,” the Victorian senator said on Monday.
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The government already has one same-sex marriage bill on the table, supported by Coalition moderates and sponsored by Senator Dean Smith, which would allow religious organisations including churches to refuse to marry same-sex couples.
But the Senator Paterson's bill goes further by allowing a whole range of individuals and companies to refuse services, without risking any breach of discrimination laws.
Bakers, caterers, jewellers, printers, dress-makers and tailors would all be allowed to refuse their services and goods to same-sex couples planning weddings, as long as the refusal is based on genuine religious or “conscientious” beliefs against same-sex marriage.
Those with the view that “gender is binary” – that people are born either a woman or a man – would also be considered to have a relevant belief which would incur the protections in the bill.
Liberal senator James Paterson has proposed an alternative same-sex marriage bill. (AAP) Source: Supplied
Photographers, musicians, transport providers, event-planners and hotel operators would also be covered.
Senator Paterson said he would like the Coalition party room to weigh up the two competing bills next time they meet.
His bill also proposes a new section of the Marriage Act to ensure charities would not be deregistered for their beliefs on marriage.
In response to concerns over the controversial Safe Schools program, the bill would also allow parents to pull their children out of classes where they “genuinely believe” their kids are being taught a view of marriage inconsistent with their own. Students over the age of 16 could also remove themselves from the class.
Mixed response from Coalition colleagues
Senator Paterson's bill has drawn mixed reaction from his colleagues.
Education Minister Simon Birmingham told Sky News he remained committed to the cross-party marriage equality bill already drafted by WA Liberal Senator Dean Smith as a starting point, and said those who wanted further religious protections should propose them as amendments rather than an alternative law.
“As we move … to remove one form of discrimination we want to make sure we don’t put in place other forms of discrimination instead,” Senator Birmingham said.
Liberal Senator Zed Seselja, who opposes same-sex marriage, said Senator Paterson's bill should get a fair hearing in the Coalition party room. Angus Taylor said the proposed religious exemptions were “very reasonable suggestions”.
Yes campaign backs Smith’s original
Labor has accused conservative voices in the Coalition of trying to stall the legalisation of same-sex marriage by debating the details of religious protections.
“This is just another attempt to delay passing marriage equality. We need to get this done,” Labor Senator Sam Dastyari said. “The Smith bill is a balanced bill.”
The Equality Campaign’s Alex Greenwich said the Paterson bill would be a step in the wrong direction.
“It seeks to divide Australians,” he said. “Are we really going back to the Australia where people put signs outside their shop that say who they will serve and who they won’t?”
The results of the Turnbull government’s postal survey will be released on Wednesday morning at 10am. The prime minister has pledged to move quickly to allow a private member’s bill to legalise same-sex marriage if the survey returns a Yes result.
