Same-sex marriage: What happens next?

The Liberal partyroom has chosen to stick with its policy of a public vote on same-sex marriage. But there are several possible paths forward.

Gay rights rally

A group of Liberals MPs have circulated a private members' bill on same-sex marriage. Source: AAP

The Senate will be asked to reconsider a non-binding public vote on same-sex marriage, despite rejecting the policy in November last year.

The Liberal party has resolved to give the original plebiscite plan one more try, before moving on to a backup plan of a postal plebiscite if that fails.

Second crack at the original plebiscite

The plebiscite bill will be reintroduced this week.

The government is hoping some members of the crossbench, who were crucial in blocking the bill last year, will change their minds.

“We want to demonstrate to the Australian people that we honour our election commitment,” Turnbull Government frontbencher Dan Tehan told ABC Radio on Tuesday morning.

But it is unlikely the bill will pass the Senate, as none of those who voted against it have publically changed their minds.

“I’ve got no doubt at all that it’s highly unlikely that will get through,” Warren Entsch, who was among the rebel Liberal MPs urging a free vote in the parliament.

If the bill succeeds and the plebiscite is passed by a majority of Australians, a private member's bill to change the Marriage Act will be brought to parliament and all MPs will have a free vote on it.

If the bill succeeds and the plebiscite vote is a majority "no", the government won't support a marriage amendment bill to go forward, or another national vote. If Labor wins the next election it would legislate.

Going postal

If the plebiscite bill fails, as many consider likely, the government will start work on a voluntary postal vote.

The postal vote would likely be held before the end of 2017 and, if passed, the government would bring a private member's bill to parliament to change marriage laws.

The details of the ballot have not been decided, but already the move faces a legal threat.

Gay marriage advocates have formed the legal opinion that a postal ballot is unconstitutional and would seek to challenge it in the High Court once the details and legal framework are known.

The government has stressed it believes it has a legal way forward.

Mr Entsch said the postal plebiscite had “warts”, including the legal threat, along with difficulties around access and demographics. He said young people might find a postal system inaccessible. 

- with AAP




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3 min read
Published 7 August 2017 7:04pm
Updated 8 August 2017 8:15am
By James Elton-Pym


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