Marriage equality advocates have threatened they’ll launch a court challenge to a postal plebiscite on same sex marriage if it’s confirmed as Liberal party policy after a partyroom meeting on Monday.
“The challenge to it will begin tomorrow,” Australian Marriage Equality co-chair Alex Greenwich told reporters in Canberra.
The pro-marriage equality alliance has obtained legal advice saying the government does not have the power to expend funds on a postal vote.
"A postal vote plebiscite is a bloody stupid idea," Mr Greenwich said.
"That will weaken the parliament because it basically says people are not prepared to do their job."
Liberals will debate and thrash out the party's formal position on the issue in Canberra at 4pm (AEST).
Liberals 'honour-bound' to back plebiscite: Abbott
Ahead of the meeting, former prime minister Tony Abbott has warned colleagues not to break election promises in rejecting a plebiscite on same-sex marriage.
"Like it or not, Coalition MPs are honour-bound to oppose same-sex marriage in the absence of a plebiscite that’s supported it; and we’re equally bound to oppose any move to bring the matter into the parliament without a plebiscite first," he said, writing in News Corp papers.
Those government MPs who support gay marriage were a minority, he added.
“Of course, some Liberals sincerely support same-sex marriage and want it to be available as soon as possible," he said.
"That’s a respectable minority view inside the Coalition party room.”
Plebiscite 'D-grade' option: Liberal senator
But one of the Liberals pushing a free vote in parliament says a plebiscite is a "D-grade response" to a defining "A-grade social issue", even going as far as saying Prime Minister Malcolm Turnbull is wrong in supporting a public vote.
Liberal Senator Dean Smith has proposed a private senator's bill - with the support of his lower house backbench colleagues Trent Zimmerman, Warren Entsch, Trevor Evans and Tim Wilson.
The legislation would allow two people to marry regardless of their sex or gender but would protect all religious ministers and civil celebrants from legal action if they refuse to marry same-sex couples, as well as covering service providers such as bakers, florists and photographers if they can prove their business is linked to a religious body.
Senator Smith once again rejected those calls to back a "useless" plebiscite - or a postal plebiscite.
"The plebiscite ... is a D-grade response to a defining A-grade social issue," he told the Nine Network.
“I think the prime minister is wrong to continue to support a plebiscite.”
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His "rebel" Liberal colleagues just want the issue to be resolved so the party can move on.
Mr Wilson said he's open to a postal plebiscite as a pathway forward.
"I want to end this debate," he told the ABC.
"If we come up with a postal plebiscite, looking at the conditions and the terms will matter but I'm very open to any idea to find a pathway to work through this issue."
Debate not threatening PM's leadership: Minister
But Finance Minister Mathias Cormann said the government's policy of a plebiscite remains.
"We are now having a discussion this afternoon on the way forward but the government's policy remains that before the parliament deals with this issue again we are committed to giving the Australian people a say on whether or not the definition of marriage should be changed," he told Sky News.
The issue was not threatening Mr Turnbull's leadership, Senator Cormann added.
"He has the unanimous support of his cabinet, he has got the strong and overwhelming support of the partyroom," he said.
