Australia: The refusal to provide for same-sex marriage does not breach the right to equality and non-discrimination
A shock outcome emerged during the release of the much anticipated Report of the Senate Inquiry into the Commonwealth Government’s Exposure Draft of the Marriage Amendment (Same-Sex Marriage) Bill. To the surprise of many, the Committee – comprising Coalition, Labor, Greens and NXT Senators – agreed on unprecedented commitments to religious freedom. Many of these would apply outside of the context of same-sex marriage and reach beyond current protections. The Inquiry was not addressing the question of whether same-sex marriage should be introduced into law. This is an outcome that has been largely overlooked in the mainstream media, but will certainly inform future Parliamentary debate. A close reading of the report is difficult to reconcile with widely-reported claims that it represents a consensus for change to the definition of marriage. To the contrary, the Inquiry was not addressing the question of whether same-sex marriage should be introduced into law. It was established onl