Faith protections doomed under YES to Homosexual Marriage

John Howard is warning that broad protections for religious freedoms are unlikely to pass the Senate if the Yes vote wins, following Labor’s decision to back a same-sex marriage bill proposed by West Australian Liberal senator Dean Smith.

The former prime minister — a key campaigner against gay marriage — argued the decision by Labor to lock in behind Senator Smith’s bill was an “added reason” for Australians to vote No in the $122 million postal survey.

Mr Howard told The Australian the protections offered in Senator Smith’s bill provided only the “bare minimum” in terms of religious protections, saying a Yes outcome could force faith-based schools, charities and social-service providers to close or change the way they operate.

“My position has been clear all along that I think the government should have spelt out what it had in mind,” Mr Howard said. “If the government continues to take the stance they’ll just facilitate a private member’s bill, it’s difficult to see a private member’s bill going beyond the Smith bill.”

Mr Howard said a key concern was that if the law on marriage was changed there would be a “renewed push to remove or qualify some of the exemptions that are now available for religious-based organisations, including schools”.

“If there is a Yes vote, there will be enormous pressure to get behind the Smith bill because it’s come from a Liberal backbencher and the Labor Party and the Greens will back it.”

The Labor caucus yesterday agreed to resist attempts to insert protections for religious freedoms beyond those already offered in the Smith bill, which would allow celebrants the ability to refuse to solemnise marriages and religious bodies the right to decline the use of their facilities for same-sex weddings.

Labor MPs resolved to pass the Smith bill “in its current form as quickly as possible”.

The decision could trigger a fierce parliamentary battle over the shape of any same-sex marriage legislation given the Smith bill has been attacked by No campaigners for providing protections that are too narrow. Finance Minister Mathias Cormann, who has responsibility for the postal survey, provided no guarantee the Smith bill would be introduced in the event of a Yes outcome.

“By definition, which private member’s bill proceeds, and ultimately in what form, is a matter for the parliament, not the government,” Senator Cormann told The Australian.

Same-sex marriage advocates welcomed the Labor decision with Just.equal spokesman Rodney Croome warning that extra protections for religious freedoms could conceal attempts to prop up discrimination against the LGBTIQ community.

“We would refuse to accept the right to marry under the conditions being proposed by some, more extreme government members,” he said. “Australians do not want the marriage equality debate to become a vehicle for the latest brand of US-style anti-LGBTIQ hate politics. Equal means equal.”

Lyle Shelton, managing director of the Australian Christian Lobby, used the Labor decision to encourage those yet to participate in the survey to vote No. “The fact you’ve got Labor ... saying that they are not going to protect freedom of speech at all should be enough to motivate anyone who still has a survey still sitting on their kitchen table,” he said.

Liberal senator David Fawcett — the chair of the parliamentary inquiry investigating the government’s same-sex marriage exposure draft — warned the Labor position ignored the findings of the committee report.

“The Senate select committee identified there was a deficiency in how religious freedoms were protected in Australia and we all agreed that there needs to be more protection,” he said.