Marriage Equality Plebiscite Bill 2015
Friday 21 August 2015 @ 12.04 p.m. | Legal Research
Coalition backbencher Warren Entsch’s same sex marriage bill, the Marriage Legislation Amendment Bill 2015, was introduced into Parliament on the 17 August 2015.
It was closely followed on the 19 August 2015 by the Marriage Equality Plebiscite Bill 2015. This bill, introduced by independent Senators Senators Rice, Lazarus, Leyonhjelm, Lambie, Muir and Xenophon, calls for a national plebiscite on the issue of same-sex marriage to be conducted at the same time as the next Federal election. The aim of the plebiscite is to enable electors to indicate their views regarding the important issue of marriage. If the result of the plebiscite affirms support for marriage between two people regardless of their gender, the bill affirms it is the intention of the Parliament that this change is legislated within six months of this result being determined.
Background to the Marriage Equality Debate
Currently, the majority of the Coalition supports the status quo - that is that a marriage is between a man and a woman - and it should be the Australian people who should decide this important issue. Prime Minister Tony Abbott wants the plebiscite to take place after the Federal election and does not want the issue addressed before then through legislation:
"The fundamental decision is that this Government in the next term of parliament will put this very important question to the people for their decision."
Mr Entsch asked that members do not lead campaigns one way or another on the matter. He said:
"I think it would be grossly inappropriate for members to say we have established that it's not for us to make a decision, it's for the people, and then for them to lead campaigns one way or the other…I will be very strongly critical of any colleagues that go out there publicly and try and lead campaigns one way or the other."
Communications Minister Malcolm Turnbull supports the legalising of same-sex marriages. He argues that the plebiscite should come before the next Federal election so as to not distract the Government’s core election messages.
Marriage Legislation Amendment Bill 2015
This Bill amends the Marriage Act 1961 to allow couples to marry, and have their marriages recognised, regardless of sex, sexual orientation, gender identity or intersex status. The Bill will allow any two people to marry. In doing so it recognises the right of all people to equality before the law.
Unfortunately, this bill looks likely to make just a single appearance in Parliament, as it has been earmarked to be sent off to a parliamentary committee along with other private members' business.
Marriage Equality Plebiscite Bill 2015
This bill is preferred by the Federal Parliament, and proposes the question "Do you support Australia allowing marriage between 2 people regardless of their gender?"
Senator Janet Rice explained that the bill is designed to direct this important question at the people of Australia rather than allow these important matters to be determined solely by the Government.
The bill calls for the plebiscite during the next Federal election to significantly reduce the cost of holding the plebiscite. A plebiscite is used to decide a national question that does not affect the Constitution. It is often used by the Government to determine whether it has sufficient support from the people before proceeding with a significant policy. However, unlike a referendum, the decision reached in a plebiscite does not have any legal force and the Government may dismiss the view of the people.
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