Updated 15 May 2017
PDF version [402KB]
Deirdre
McKeown
Politics
and Public Administration Section
The
introduction of legislation on marriage equality has continued in the current
(45th) Parliament. Since September 2016 four same-sex marriage bills have been
introduced into the federal parliament, while six bills were introduced into
the previous (44th) Parliament.
Since the 2004 amendment to
the Marriage Act
1961 (Cth) which inserted the current definition of marriage, 22 bills
dealing with marriage equality or the recognition of overseas same-sex
marriages have been introduced into the federal Parliament. Four bills have
come to a vote: three in the Senate (in 2010, 2012 and 2013), and one in the
House of Representatives (in 2012). These bills were all defeated at the second
reading stage; consequently no bill has been debated by the second chamber. To
date, the bills have been introduced by members of parliament representing the
Australian Democrats, Australian Greens, Australian Labor Party, Liberal
Democratic Party, Liberal Party of Australia and by Independents.
A bill introduced into the
House of Representatives in August 2015 was the first cross-party same-sex
marriage bill introduced into the Parliament. An earlier House of
Representatives bill, introduced by Opposition leader Bill Shorten, was the
first time a same-sex marriage bill was introduced by the leader of a political
party.
This Quick Guide provides a
chronological list of bills relating to marriage equality introduced into the
federal parliament, including bills restored to the Notice Paper or
reintroduced in a later parliament. The information on each bill includes:
- whether or not a conscience vote was granted by the major parties
(Note: Australian Greens policy
is to support marriage equality, and the Australian Democrats had previously
adopted a similar policy)
- links to each bill homepage and, where available, the bills
digest and committee reports
-
links to parliamentary speeches and answers to parliamentary questions
- type of bill: government or private
- changes in party policy
- comments by party leaders and other members of parliament where
relevant
- status of the bill: current, defeated or lapsed and
-
results of divisions in the Senate and House of Representatives.
The list also includes one
government bill: the Marriage Amendment Bill 2004 which inserted the definition
of marriage as the ‘union between a man and a woman’.
The list does not include
the following plebiscite bills (in which no party was granted a conscience vote):
- the Marriage
Equality Plebiscite Bill 2015 was introduced in the Senate on 19 August
2015. The previous week, the leader of the Australian Greens, Senator Richard
Di Natale, had announced
that the Greens and other members of the Senate crossbench would ‘put forward a
bill to ensure a fair question on marriage equality is put to the people no
later than the next election’. The Bill lapsed at the prorogation of the 44th
Parliament.
- the Plebiscite
(Same-Sex) Marriage) Bill 2016 was introduced
by the Prime Minister, Malcolm Turnbull, in the House of Representatives on 14
September 2016. The Bill fulfilled a Liberal Party election promise and sought
to establish the legislative framework for a compulsory,
in-person vote in a national plebiscite that would ask Australians ‘Should the
law be changed to allow same-sex couples to marry?’. The Bill passed the lower House on 20 October
2016 but was defeated at the second reading stage in
the Senate on 7 November 2016.
Additional information on conscience
votes and same-sex marriage is available in the Parliamentary Library
publications: Conscience
votes on same-sex marriage legislation (D McKeown and R Lundie, 2011), Same-sex
marriage (M Neilsen, 2012), Same-sex
marriage brief (M Neilsen, 2013), Same-sex marriage: issues for the 44th Parliament (M Neilsen, 2015), Same-sex marriage: key issues for the 45th Parliament (M Neilsen, 2016) and various bills
digests (links included in the following table).
Please note the following
abbreviations: 2R (second reading), 3R (third reading), HoR (House of
Representatives), Australian Democrats (AD), Australian Greens (AG), Australian
Labor Party (ALP), Liberal Democratic Party (LDP), Liberal Party of Australia (LIB)
and Independent (IND).
Background
Marriage Bill 1961
The Marriage Bill 1961 was first introduced into the House
of Representatives on 19 May 1960 by Attorney-General Sir Garfield Barwick (LIB,
NSW) as the Marriage Bill 1960. The Bill sought to introduce uniform marriage
laws across Australia. In his second
reading speech on 19 May 1960 Barwick noted that:
... it will be observed that there is no
attempt to define marriage in this bill. None of the marriage laws to which I
have referred contains any such definition.
The second reading debate
was postponed to allow for consultations with the States and other interested
organisations over the proposed administrative arrangements. On 18 August 1960 the
Bill passed the second reading stage in the House of Representatives without a
division. On 8 September 1960 Barwick announced that various adjustments to the
Bill were required. He proposed circulating amendments, withdrawing the Bill at
the committee stage and replacing it with a new Bill incorporating the
amendments. The Bill lapsed before the committee stage because the second session of the Parliament was closed on 9 December 1960.
On 21 March 1961 Barwick reintroduced
the Bill (Marriage Bill 1961) stating that it incorporated:
... the amendments which would have been dealt
with in committee, together with the original bill, had it been found possible
to proceed with the committee stage. As I have said, that was not found
possible and the 1960 bill has now lapsed.
In the same speech he also said:
Because of the
similarity between the Marriage Bill 1960 and the present bill, and because of
the very full second-reading debate in this House last year, the present bill
will go to the committee stage without a second-reading debate.
Both major parties (ALP and
LIB) were granted a conscience vote on the Bill. On 22 March 1961 the Bill
passed the second and third reading stages in the House of Representatives
without divisions.
The Bill was introduced into
the Senate on 23 March 1961 and passed the second reading stage on 18 April 1961
without division. On the same day, during the committee stage, Senator George
Hannan (LIB, Vic.) sought to insert a definition of marriage as ‘the voluntary
union of one man with one woman for life to the exclusion of all others’ but
this was defeated
40–8. The Bill passed the third reading stage without division.
|
Marriage Amendment Bill 2004
|
|
Year
|
2004
|
|
Status
|
Current (in force)
|
|
Government
Prime Minister
|
Coalition
John Howard
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Government
|
|
Description
|
The Marriage Legislation Amendment Bill
2004 sought to amend the Marriage Act 1961 (Cth) to define marriage as
a union of a man and a woman; and clarify that same-sex marriages entered
into under the law of another country would not be recognised in Australia;
and Family Law Act 1975 (Cth) to prevent intercountry adoptions by
same sex couples under multilateral or bilateral agreements or arrangements.
The Bill was
referred to a Senate Committee for inquiry but within a day of its referral a
second Bill (the Marriage Amendment Bill 2004) was introduced into
Parliament. This second Bill did not contain the amendments relating to
overseas adoption — these being the ones that the Labor Party had indicated
it would not support. At the same time, the parliamentary committee inquiry
into the first Bill was also abandoned. The rationale for this unusual and
dramatic change of direction was so that the Bill would have a speedy passage
through the Parliament. (See Same-sex
marriage, Background Note, p. 5.)
The Bill was introduced into the HoR on 27/05/04 and
passed the 2R and 3R stages on 17/06/04 without division. The Bill was
introduced into the Senate on 18/06/04. The 2R moved on the same date.
Bill homepage Bills digest
The second bill, the Marriage Amendment
Bill 2004, sought to amend the Marriage Act 1961 (Cth) to define
marriage as a union of a man and a woman; and clarify that same-sex marriages
entered into under the law of another country will not be recognised in Australia.
Attorney-General Phillip Ruddock (LIB, NSW) stated
in his 2R speech that:
The bill is necessary because there is
significant community concern about the possible erosion of the institution
of marriage ... A related concern held by many people
is that there are now some countries that permit same-sex couples to marry.
The amendments to the Marriage Act
contained in this bill will make it absolutely clear that Australia will not
recognise same-sex marriages entered into under the laws of another country,
whatever that country may be.
Bill
homepage Bills
digest
|
|
Sponsor
|
Government bill
|
|
Debates
|
HoR: introduced 24/06/04; 2R Ruddock
and 3R 24/06/04
Senate: introduced 12/08/04; 2R and 3R 12/08/04
|
|
Votes
|
HoR: 24/06/04 2R and 3R: no division
Senate: 12/08/04 2R Ayes:
38, Noes: 7; 3R Ayes:
38, Noes: 6
|
|
Result
|
The first Bill, the Marriage
Legislation Amendment Bill 2004, lapsed at the end of the 40th Parliament
(31/8/2004).
The second Bill, the Marriage Amendment
Bill 2004, passed both Houses.
|
|
Same Sex Relationships (Enduring
Equality) Bill 2004
|
|
Year
|
2004
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
John Howard
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to ensure people in same-sex relationships
receive the same rights as people in heterosexual relationships in all areas
of the law (including marriage).
Bill
homepage
|
|
Sponsor
|
Michael Organ (AG, NSW)
|
|
Debates
|
HoR: introduced 24/05/04 Organ
|
|
Votes
|
No vote
|
|
Result
|
The Bill did not proceed past the first reading.
|
|
|
|
Same-Sex Marriage Bill 2006
|
|
Year
|
2006
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
John Howard
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to ensure that same-sex marriages are given equal status
to heterosexual marriages, including repealing the definition of ‘marriage’
as the union between a man and a woman and repealing provisions which prevent
same-sex marriages entered into under the law of another country from being
recognised in Australia.
Bill
homepage
|
|
Sponsors
|
Natasha Stott Despoja (AD, SA), Andrew Bartlett (AD,
Qld)
|
|
Debates
|
Senate: Bill introduced 15/06/06; 2R Bartlett
15/06/06
|
|
Votes
|
No vote
|
|
Result
|
The Bill lapsed at the end of 41st Parliament
(17/10/2007).
|
|
|
|
Marriage (Relationships Equality)
Amendment Bill 2007
|
|
Year
|
2007
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
John Howard
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage
|
|
Sponsor
|
Kerry Nettle (AG, NSW)
|
|
Debates
|
Senate: introduced 01/03/07; 2R Bob
Brown (AG, Tas.) 01/03/07
|
|
Votes
|
No vote
|
|
Result
|
The Bill lapsed at the end of 41st Parliament
(17/10/2007).
|
|
|
|
Marriage (Relationships Equality)
Amendment Bill 2008
|
|
Year
|
2008
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
ALP
Kevin Rudd
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to amend the definition of marriage to include same-sex
couples.
Bill
homepage
|
|
Sponsor
|
Kerry Nettle (AG, NSW)
|
|
Debates
|
Senate: introduced 14/02/08, 2R Nettle
14/02/08
|
|
Votes
|
No vote
|
|
Result
|
The Bill lapsed at the end of 42nd Parliament
(19/07/2010).
|
|
|
|
Same-Sex Marriage Bill 2008
|
|
Year
|
2008
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
ALP
Kevin Rudd
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to ensure that same-sex marriages are given equal status
to heterosexual marriages, including repealing the definition of ‘marriage’
as the union between a man and a woman and repealing provisions which prevent
same-sex marriages entered into under the law of another country from being
recognised in Australia.
Bill
homepage
|
|
Sponsor
|
Andrew Bartlett (AD, Qld)
|
|
Debates
|
Senate: Bill restored to the Notice Paper 14/02/08 (see
Same-Sex Marriage Bill 2006), no further debate
|
|
Votes
|
No vote
|
|
Result
|
The Bill lapsed at the end of 42nd Parliament (19/07/2010).
|
|
|
|
Marriage Equality Amendment Bill 2009
|
|
Year
|
2009
|
|
Status
|
Defeated
|
|
Government
Prime Minister
|
ALP
Kevin Rudd
|
|
Parties with a conscience vote
|
None
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove all discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex,
sexuality and gender identity.
Bill homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 24/06/09; 2R Hanson-Young 24/06/09; referred to Senate Legal and Constitutional
Affairs Legislation Committee 25/06/09; the Committee reported
on 26/11/09. The Committee recommended that the Bill not be passed.
|
|
Votes
|
Senate: 25/02/10 2R Ayes:
5, Noes: 40
|
|
Result
|
The Bill was defeated at 2R stage in the Senate.
|
|
|
|
Marriage Equality Amendment Bill 2010
|
|
Year
|
2010
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
On 03/12/2011 delegates to the ALP National Conference adopted marriage equality
as official ALP policy. (See ALP National Platform, paras
126-7.) Delegates also supported Prime Minister Gillard’s proposal that MPs
be allowed a conscience
vote on the issue.
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage Bills
digest
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 29/09/10; 2R Hanson-Young 29/09/10; referred to Senate Legal and
Constitutional Affairs Committee 08/02/12; the Committee reported on 25/06/12; debate
resumed 23/08/12.
|
|
Votes
|
No vote
|
|
Result
|
The Bill was discharged from the Senate Notice Paper on
25/02/13.
|
|
Marriage Amendment Bill 2012
|
|
Year
|
2012
|
|
Status
|
Defeated
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private members
|
|
Description
|
The Bill sought to amend the Marriage Act 1961 (Cth)
to enable same-sex marriages to be recognised and place no obligation on a
minister of religion to solemnise a same-sex marriage.
Bill
homepage Bills
digest
|
|
Sponsor
|
Stephen Jones (ALP, NSW)
|
|
Debates
|
HoR: introduced 13/02/12; 2R Jones
27/02/12
|
|
Votes
|
HoR: 19/09/12 2R Ayes:
42 (ALP: 38) Noes: 98 (ALP: 26)
|
|
Result
|
The Bill was defeated at the 2R stage in the House of
Representatives.
|
|
Comments
|
Before the vote Opposition Leader Tony Abbott (LIB, NSW)
had refused to grant his party a conscience vote saying in a Sky News interview
on 12/12/11:
I went to the [2010] election saying that
the Coalition had a clear policy on this [same-sex marriage]. It wasn't just
a personal position ... it was the clear policy of the Coalition at the
election that marriage was between a man and a woman.
In his 2R speech Malcolm Turnbull (LIB, NSW) said ‘Were
... a free vote to be permitted I would support legislation which recognised
same-sex couples as being described as in a marriage.’
|
|
|
|
Marriage Equality Amendment Bill 2012
|
|
Year
|
2012
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to remove discriminatory references based on sexual
orientation and gender identity; and allow marriage regardless of sex, sexual
orientation or gender identity.
Bill
homepage Bills
digest
|
|
Sponsors
|
Adam Bandt (AG, Vic.), Andrew Wilkie (IND, Tas.)
|
|
Debates
|
HoR: introduced Bandt 13/2/2012; 2R Bandt 18/06/12
|
|
Votes
|
HoR: no 2R vote occurred
|
|
Result
|
The Bill lapsed when the House of Representatives was
dissolved on 05/08/13.
|
|
Marriage Amendment Bill (No. 2) 2012
|
|
Year
|
2012
|
|
Status
|
Defeated
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage Act 1961 (Cth)
to enable same-sex marriages to be recognised and place no obligation on a
minister of religion to solemnise a same-sex marriage.
Bill
homepage
|
|
Sponsors
|
Carol Brown (ALP, Tas.), Trish Crossin (ALP, NT), Gavin
Marshall (ALP, Vic.) and Louise Pratt (ALP, WA)
|
|
Debates
|
Senate: introduced 10/09/12; 2R Crossin 10/09/12
|
|
Votes
|
Senate: 20/09/12 2R Ayes:
26 (ALP: 16), Noes: 41 (ALP: 11)
|
|
Result
|
The Bill was defeated at the 2R stage in the Senate.
|
|
Comments
|
In the 2R debate Senator
Sue Boyce (LIB, Qld) said ‘I would like to put on record my support for
the intention of this Marriage Amendment Bill (No. 2) 2012’.
Senator
Cory Bernardi (LIB, SA) said:
If we are prepared to redefine marriage ...
then what is the next step? The next step ... is having three people or four
people that love each other being able to enter into a permanent union
endorsed by society—or any other type of relationship ... There are even some ...
people out there ... [who say] it is okay to have consensual sexual relations
between humans and animals. Will that be a future step?
|
|
|
|
Marriage Equality Amendment Bill 2013
|
|
Year
|
2013
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 25/02/13; 2R Hanson-Young 25/02/13; debate adjourned 26/11/14
|
|
Votes
|
No vote
|
|
Result
|
The Bill lapsed at the end of the 43rd Parliament.
|
|
|
|
Marriage Act Amendment (Recognition of
Foreign Marriages for Same-Sex Couples) Bill 2013
|
|
Year
|
2013
|
|
Status
|
Defeated
|
|
Government
Prime Minister
|
ALP
Julia Gillard
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage Act 1961 (Cth)
to enable same-sex marriages validly entered into in foreign countries to be
recognised under the laws of Australia.
Bill
homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 16/05/13; 2R Hanson-Young
16/05/13
|
|
Votes
|
Senate: 20/6/2013 2R Ayes:
28 (ALP: 17) Noes: 44 (ALP: 12)
|
|
Result
|
The Bill was defeated at the 2R stage in the Senate.
|
|
Comments
|
Senator
Sue Boyce (LIB, Qld) crossed the floor to vote in favour of the Bill.
On 19/06/13 media reports suggested
that Senator Cory Bernardi (LIB, SA) said that some sections of society were
now moving in the direction he had predicted [polyamorous relationships]. On
28/02/13 Senator Bernardi had spoken
in the Parliament about a petition initiated by the Polyamory Action Lobby on
this issue.
|
|
|
|
Marriage Equality Amendment Bill 2013
|
|
Year
|
2013
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Tony Abbott
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 12/12/13; 2R Hanson-Young,
debate adjourned 12/12/13
|
|
Votes
|
|
|
Result
|
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation, was restored to the Notice Paper on 19/4/16, and lapsed
at the dissolution of the Parliament on 9/5/16.
|
| |
|
Recognition of Foreign Marriages Bill
2014
|
|
Year
|
2014
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Tony Abbott
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to: remove the prohibition of the recognition of same-sex
marriages solemnised in a foreign country; and provide that these marriages
are recognised under the laws of Australia.
Bill homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA)
|
|
Debates
|
Senate: introduced 15/05/14; 2R Hanson-Young, debate adjourned 15/05/14; Bill referred to
Senate Legal and Constitutional Affairs Legislation Committee 15/05/14; the
Committee reported
on 25/09/14. The Committee recommended that the Bill not be passed.
|
|
Votes
|
|
|
Result
|
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation, was restored to the Notice Paper on 19/4/16, and lapsed
at the dissolution of the Parliament on 9/5/16.
|
|
|
|
Freedom to Marry Bill 2014
|
|
Year
|
2014
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Tony Abbott
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to provide that people may marry regardless of their sex,
sexual orientation or gender identity; registered marriage celebrants are not
able to discriminate; religious and non-religious private sector celebrants
have freedom of conscience not to solemnise marriages; and chaplains in the
defence force may exercise a freedom of conscience while maintaining a
positive duty to try to ensure that all couples who seek their services are
able to marry.
Bill homepage
|
|
Sponsor
|
David Leyonhjelm (LDP, NSW)
|
|
Debates
|
Senate: introduced 26/11/14; 2R Leyonhjelm,
debate adjourned 26/11/14
|
|
Votes
|
|
|
Result
|
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation.
|
|
Marriage Amendment (Marriage Equality)
Bill 2015
|
|
Year
|
2015
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Tony Abbott
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill
homepage
|
|
Sponsor
|
Bill Shorten (ALP, Vic., Leader of the Opposition)
|
|
Debates
|
HoR: introduced 01/06/15; 2R Shorten 01/06/15; Federation Chamber 15/06/15,
22/06/15, 12/8/15,
debate adjourned 17/8/15
|
|
Votes
|
|
|
Result
|
The Bill was removed from the Notice Paper in accordance
with Standing
Order 42 on 9/2/16.
|
|
Comments
|
On 27/05/15, in answer to a Question without Notice from
Bill Shorten, Leader of the Opposition, on allowing a conscience vote on
same-sex marriage, Prime Minister Tony Abbott said:
... If, because of the actions of this
parliament, a private member's bill were to be brought on for a vote, at that
point in time, this matter—as is well known—would be handled by the coalition
party room.
This is an important issue. It is not the
only important issue facing our country right now, but it is an important
issue. It is an issue upon which there are sharply divided views inside this
parliament, inside our respective political parties and, indeed, as is well
known, even inside my own family. It is important that all views be treated
with respect, because this is one of those subjects upon which decent people
can disagree. Now, I cannot foresee the future. I do not know how our society
will develop. I do not know how this parliament will proceed in the months
and years ahead. I do just make this one point, though. If our parliament
were to make a big decision on a matter such as this, it ought to be owned by
the parliament and not by any particular party. So I would ask the Leader of
the Opposition and all members of parliament to consider this as we ponder
these subjects in the weeks and months to come.
|
|
Marriage Legislation Amendment Bill
2015
|
|
Year
|
2015
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Tony Abbott
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to amend the Marriage Act 1961 (Cth)
to allow couples to marry, and have their marriages recognised, regardless of
sex, sexual orientation, gender identity or intersex status.
Bill
homepage
|
|
Sponsor
|
Warren Entsch (LIB, Qld), Teresa Gambaro (LIB, Qld), Terri
Butler (ALP, Qld), Laurie Ferguson (ALP, NSW), Adam Bandt (AG, Vic.), Cathy
McGowan (IND, Vic.) and Andrew Wilkie (IND, Tas.)
|
|
Debates
|
HoR: introduced 17/08/15; 2R Entsch,
debate adjourned 17/08/15
|
|
Votes
|
|
|
Result
|
The Parliament was prorogued at 5pm on 15/4/16. The Bill
lapsed at prorogation.
|
|
Comments
|
On 26 July 2015, the ALP National Conference agreed
to continue the existing policy and allow members a conscience vote on
same-sex marriage until 2019 after which (on the commencement of the 46th
Parliament) members will be bound to support same-sex marriage. Opposition
leader, Bill Shorten, promised
that within 100 days of a Labor government being elected he would ‘move in
the parliament of Australia for marriage equality for Australians’.
On 11 August 2015 the Coalition party room considered
its position on same-sex marriage in a six hour meeting. The following day, in
response to a Question without Notice, Prime Minister Tony Abbott, referred
to the result of the party room meeting and stated:
The government [has] ... done what we said
we would do before the election. Before the election, I said that if this
matter was to come up in this parliament it would be dealt with by the coalition
party room in the usual way ...
This matter was discussed by our party
room ... for fully six hours yesterday; some 90 members of the party room had
their say. By a very strong majority, essentially by two to one, we decided
to confirm our existing position for this term of parliament, the position
that we took to the election, that marriage is between a man
and a woman.
The Prime Minister also raised the possibility of holding
a plebiscite or referendum on the issue during the term of the next parliament.
In the same answer he said:
Our strong disposition is to go into the
next election with a commitment to put this to the people.
|
|
Marriage
Amendment (Marriage Equality) Bill 2016
|
|
Year
|
2016
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Malcolm Turnbull
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to amend the Marriage Act 1961
(Cth) to define marriage as a union of two people; clarify
that ministers of religion are not bound to solemnise marriage by any other
law; remove the prohibition of the recognition of same-sex marriages
solemnised in a foreign country; and include a regulation making power so
that consequential amendments can be made to other Acts.
Bill
homepage
|
|
Sponsor
|
Tanya Plibersek (ALP, NSW)
|
|
Debates
|
HoR: introduced 2/5/16; 2R Plibersek,
debate adjourned 2/5/16
|
|
Votes
|
|
|
Result
|
The Bill lapsed at the dissolution of the Parliament on
9/5/16.
|
|
Comments
|
Deputy Leader of the Opposition,
Tanya Plibersek, reintroduced the Labor Party’s 2015 Bill which had been
removed from the Notice Paper and explained the reason for the 2016 Bill:
When we heard that coalition MPs did not
feel they could support a bill introduced by the Leader of the Opposition [in
2015], we withdrew our bill to allow another to be put forward, sponsored by
backbenchers from all parties.
Neither the Leader of the Opposition nor I
cared whose name was on the bill, only that it would pass ...
He [Prime Minister Malcolm Turnbull] signed
on to the plebiscite-delaying tactic to secure the support of the Liberal
Party's right wing.
We know it is nothing but a delaying
tactic because there is no sign of movement from this government ...
That is why, today, we will try to put
right some of that by reintroducing a bill for marriage equality ...
[S]adly, it is unlikely this bill will
pass this week. But our push for full equality is not going away.
Think of this bill as a marker.
|
|
|
|
Marriage Equality Amendment Bill 2013
|
|
Year
|
2016
|
|
Status
|
Current
|
|
Government
Prime Minister
|
Coalition
Malcolm Turnbull
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill seeks to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion are not bound to solemnise marriage by any other law;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and include a regulation making power so that
consequential amendments can be made to other Acts.
Bill homepage
|
|
Sponsor
|
Sarah Hanson-Young (AG, SA) [Janet Rice (AG, Vic.)]
|
|
Debates
|
Senate: the Bill was restored to the Notice
Paper on 31/8/16, 2R Rice,
debate adjourned 15/9/16
|
|
Votes
|
|
|
Result
|
|
|
Comments
|
On 30/8/16 Senator Rachel Siewert (AG, WA) moved
that the Bill be restored to the Notice Paper and
that consideration of the Bill be resumed at the stage reached [second
reading] in the last session of the previous Parliament.
|
|
|
|
Marriage Legislation Amendment Bill
2016
|
|
Year
|
2016
|
|
Status
|
Lapsed
|
|
Government
Prime Minister
|
Coalition
Malcolm Turnbull
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill sought to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion or chaplains are not bound to solemnise marriage;
remove the prohibition of the recognition of same sex marriages solemnised in
a foreign country; and make a consequential amendment to the
Sex Discrimination Act 1984 (Cth). The Bill also includes a regulation
making power so that consequential amendments can be made to other Acts.
Bill
homepage
|
|
Sponsor
|
Bill Shorten (ALP, Vic., Leader of the Opposition)
|
|
Debates
|
HoR: introduced 12/9/16; 2R Shorten,
debate adjourned 12/9/16
|
|
Votes
|
|
|
Result
|
The Bill was removed from the Notice Paper in
accordance with Standing
Order 42 on 21/03/17.
|
|
|
|
Marriage Legislation Amendment Bill
2016 [No. 2]
|
|
Year
|
2016
|
|
Status
|
Current
|
|
Government
Prime Minister
|
Coalition
Malcolm Turnbull
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private member
|
|
Description
|
The Bill seeks to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
ministers of religion or chaplains are not bound to solemnise marriage;
remove the prohibition of the recognition of same-sex marriages solemnised in
a foreign country; and make a consequential amendment to the
Sex Discrimination Act 1984 (Cth). The Bill also includes a regulation
making power so that consequential amendments can be made to other Acts.
Bill homepage
|
|
Sponsor
|
Adam Bandt (AG, Vic.), Cathy McGowan (IND, Vic.) and
Andrew Wilkie (IND, Tas.)
|
|
Debates
|
HoR: introduced 12/9/16; 2R Bandt
12/9/16, debate adjourned 21/11/16
|
|
Votes
|
|
|
Result
|
|
|
|
|
Freedom to Marry Bill 2016
|
|
Year
|
2016
|
|
Status
|
Current
|
|
Government
Prime Minister
|
Coalition
Malcolm Turnbull
|
|
Parties with a conscience vote
|
ALP
|
|
Bill type
|
Private senator
|
|
Description
|
The Bill seeks to amend the Marriage
Act 1961 (Cth) to: define marriage as a union of two people; clarify that
authorised celebrants are not bound to solemnise marriage; remove the
prohibition of the recognition of same-sex marriages solemnised in a foreign
country; and make consequential amendments to the Sex
Discrimination Act 1984 (Cth). The Bill also includes a regulation making
power so that consequential amendments can be made to other Acts.
Bill homepage
|
|
Sponsor
|
David Leyonhjelm (LDP, NSW)
|
|
Debates
|
Senate: introduced 13/9/16; 2R Leyonhjelm,
debate adjourned 13/9/16
|
|
Votes
|
|
|
Result
|
|
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