The Upper House will spend most of Thursday debating potential amendments to Senator Dean Smith’s bill to legalise same-sex marriage.
The push to change the law has moved to the parliament after 61.6 per cent of Australians voted ‘Yes’ in an historic national postal survey. LGBTI Australians and their supporters celebrated well into the night after the survey results were released, finally ending a divisive three-month campaign.
Debate on Senator Dean Smith’s private member’s bill began on Thursday morning and could continue, with breaks, until 6pm tonight.
Senator Smith, himself both a gay man and a Christian, told the chamber he understood the concerns of religious Australians who objected to same-sex marriage.
"Many Australians voted 'No' because they fear a world where they won't be able to live their identity," Senator Smith said.
"This vote is not about, and must not be about, replacing one persecuted minority with another. Or giving one hope to one group while inflicting fear on another group."
"Nothing in this bill takes away an existing right nor does any of it diminish an existing civil freedom."
But the law cannot actually be changed until the House of Representatives reconvenes for parliament’s final sitting fortnight, which begins on November 27.
Prime Minister Malcolm Turnbull said he was “very confident” the law would pass by Christmas.
“The people that have said ‘yes’ in such resounding numbers are our bosses,” Mr Turnbull told the Nine Network on Thursday morning.
Senator Smith’s bill will, under its own terms, be given precedence over all other legislation until it passes.
Sitting hours will be extended until 11pm on the night of Tuesday November 27, and could stretch well into the night on Thursday November 30.
The bill will need the approval of both the Senate and the House of Representatives before it passes into law.
Labor MP Tony Burke said his strong preference was for all the amendments to happen in the Senate, and cautioned against a muddled fight between the two chambers.
“If the House of Representatives decides on a different set of amendments to the Senate, you’ll end up with a dispute between the houses,” Mr Burke told ABC Radio.
“After all of this, if we end up with the Senate voting for marriage equality and the Reps voting for a different form of marriage equality and nothing happening as a result, I don’t think the Australian people would be in a forgiving mood.”
Conservative MPs will attempt to negotiate various ‘religious protections’ into the Smith bill, after Senator James Paterson dropped his plan to introduce a rival bill.
While Smith bill already allows churches to refuse to wed same-sex couples, the Paterson bill would have allowed anyone with a religious or moral objection to refuse to participate in the process – including florists, bakers and musicians.
Some Coalition members also want specific laws to protect those with ‘traditional’ views on marriage from discrimination and vilification laws.
Attorney-General George Brandis said he would support an amendment that allowed civil celebrants - as well as religious celebrants - to refuse to marry same-sex couples.
Senator Brandis told ABC Radio the changes would help “reassure” the millions of Australians who voted no, even if they may not be “legally necessary”.
