Report

Report on the Commonwealth Government's Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill

15 February 2017

View the report as a single document - (PDF 685KB)

View the report as separate downloadable parts:

Committee Membership	(PDF 23KB)
Chair's foreword	(PDF 10KB)
Executive Summary	(PDF 27KB)
Areas of consensus Areas for further discussion
A summary of issues requiring careful consideration	(PDF 22KB)
Definition of 'marriage' Exemption for ministers of religion Exemption for marriage celebrants Exemption for a religious body or organisation International jurisprudence on the introduction of same-sex marriage Goods and services A right to refuse on the grounds of a conscientious belief A broader protection of the right to freedom of conscience and religion
Chapter 1 - Introduction	(PDF 38KB)
Establishment and terms of reference Conduct of the inquiry Terminology Key provisions of the Exposure Draft Focus of the inquiry and structure of the report Note on references
Chapter 2 - Provisions of the Exposure Draft	(PDF 193KB)
Definition of 'marriage' Exemption for ministers of religion Exemption for marriage celebrants Exemption for a religious body or organisation Consequential amendments to the Exposure Draft
Chapter 3 - Compliance with Australia's international obligations	(PDF 234KB)
Human Rights Obligations Human Rights engaged by the marriage debate International jurisprudence on the introduction of same-sex marriage Right to marry Right to freedom from discrimination Right to freedom of thought, conscience and religion A right to refuse on religious grounds, but only for same-sex marriages Goods and services A right to refuse on the grounds of a conscientious belief
Additional Comments	(PDF 109KB)
Introduction Rights of the Child International Law Freedom of Speech Freedom of Religion Conclusion
Appendix 1 - Submissions and additional information received by the committee	(PDF 35KB)
Submissions received Form letters received Tabled documents Answers to questions on notice Additional information
Appendix 2 - Public hearings	(PDF 15KB)

Committee Secretariat contact:

Senior Clerk's Office
Department of the Senate
PO Box 6100
Canberra ACT 2600

Phone: 02 6277 3555
Fax: 02 6277 3899
seniorclerk.committees.sen@aph.gov.au

About this inquiry

On 30 November 2016, the Senate resolved to establish the Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill to inquire into the Commonwealth Government’s exposure draft of the Marriage Amendment (Same-Sex Marriage) Bill.

The committee is due to report on or by 15 February 2017.

Please read the terms of reference carefully before making your submission. The committee has resolved that it will only accept submissions strictly addressing its terms of reference, with a particular focus on the following areas:

the proposed exemptions in the Exposure Draft for ministers of religion, marriage celebrants and religious bodies and organisations to refuse to conduct or solemnise marriages, and the extent to which those exemptions prevent encroachment upon religious freedoms;
the nature and effect of the proposed amendment to the Sex Discrimination Act 1984;
whether there should be any consequential amendments to this bill, or any other Act, and, if so, the nature and effect of those consequential amendments.

Substantive submissions that explore the technical aspects of the terms of reference will be published, however the committee does not have the resources or time to consider short statements expressing support either for or against same-sex marriage. As such, these statements will be treated as correspondence and not published.

The committee has also resolved that it will not publish form or campaign letters, or petitions, received to the inquiry.

The closing date for submissions is Friday 13 January 2017.

Past Public Hearings

25 Jan 2017: Canberra
24 Jan 2017: Sydney
23 Jan 2017: Melbourne

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