Historic day comes to an end
It will be remembered as a pivotal day in Australia’s history. The Australian public has left the parliament in no doubt. The support for same-sex marriage is clear.
The focus is now well and truly on the Senate, where debate over Dean Smith’s marriage equality bill will begin in earnest tomorrow.
Here are the key points from the past 12 hours in politics.
- Australia voted 61.6% in favour of marriage equality. The poll had a 79.5% participation rate.
- James Paterson withdrew plans to introduce a rival same-sex marriage bill.
- That leaves only Dean Smith’s original bill, which was introduced to the Senate on Wednesday afternoon. It will be subject to proposals for amendments. Conservatives want to see additional protections to ensure freedom of religion, freedom of expression and freedom of political choice are not threatened. Debate on the Smith bill will begin tomorrow. It will be sent back to the House of Representatives, which will consider the bill when it sits next later this month.
- Malcolm Turnbull said he hopes for same-sex marriage in Australia before Christmas.
- Tony Abbott said he will respect the vote, but urged Australia to remember the almost five million people who voted no. Abbott signalled he would go to his sister’s same-sex wedding.
- Hollie Hughes, the NSW Liberal who was to replace Fiona Nash, was ruled ineligible by the high court.
- South Australia has dumped the banking tax, a measure which was vigorously opposed by the banking sector.
- Campaigning continues in Bennelong. Kristina Keneally and John Alexander ran into each other on the campaign trail, an awkward encounter that was captured by the cameras. Keneally was attacked in the morning tabloids for her past links to Eddie Obeid and Joe Tripodi. She dismissed the criticism and reminded the nation she was a star witness to Icac.
Thanks again for staying with me. We’ll be back again tomorrow, covering the developments with the Dean Smith bill, which will be subject to vigorous debate in the Senate.
Updated
Malcolm Turnbull has just delivered a stinging rebuke to his colleague, Kevin Andrews. You’ll remember earlier today, Andrews suggested he was hunky-dory with an Islamic baker refusing to serve a Jewish person’s wedding. It was a rather surprising claim. Conservatives, though, have been pushing for stronger protections for businesses like bakeries to refuse service to same-sex weddings.
“I absolutely do not agree with Kevin Andrews that bakers should be able to discriminate against people, whether it’s on the basis of their religion,” Turnbull told Triple J’s Hack program. “I found that an extraordinary proposition.”
Turnbull said it was “absolutely my goal” to get the same-sex marriage bill through parliament by Christmas.
“I’m very confident that we will get it done before Christmas,” he said.
But he signalled that, because it was a free vote, the responsibility for the timing rested on everyone in parliament.
He said he was hopeful same-sex couples would be able to get married “as soon as possible” once the bill was passed and signed into law by the governor general.
Updated
The new Greens senator, Andrew Bartlett, could face further questions about his eligibility following the ruling on Hollie Hughes today.
The high court heard today that Bartlett, who officially replaced Larissa Waters in the Senate this week, still had a cloud hanging over his eligibility.
Prof George Williams, who had been warning that Hughes could face disqualification, has also warned that Bartlett could face a potential challenge for having worked for the Australian National University while nominated for the Senate.
The high court is yet to consider whether university employment is considered as receiving profit from an office under the crown.
Bartlett has previously addressed the issue of his potential challenge by referring to legal advice obtained by the Greens that did not see university work as an issue.
But on Wednesday the solicitor general, Stephen Donaghue, told the court that Bartlett’s position had not actually been tested and the Senate might have to refer him to the high court to do so.
Updated
Our photographer extraordinaire, Mike Bowers, has had a busy day. He was down in the Senate for the momentous moment Dean Smith’s marriage equality bill was introduced.
Former prime minister Tony Abbott famously declared at the start of this campaign:
I say to you if you don’t like same-sex marriage, vote no. If you’re worried about religious freedom and freedom of speech, vote no, and if you don’t like political correctness, vote no, because voting no will help to stop political correctness in its tracks.
Well, Australia has answered those questions in resounding fashion.
But now Abbott says it’s important that we acknowledge the almost five million people who supported the traditional view of marriage.
Abbott has just spoken on 2GB. He said the result is a “vindication of the process” that was initiated by his government and continued by Malcolm Turnbull. He now wants to see the bill progressed as quickly as possible.
I think that it is good that everyone had a say, I think that the result now should be respected. Respected by the community, respected by the parliament and I certainly intend to facilitate the passage of a bill.
I think it’s important, as well, to acknowledge today that almost five million people supported marriage between a man and a woman. And I think what we need to see from amendments to the Dean Smith bill is respect and support for freedom of religion, freedom of conscience and freedom of political choice.
We can’t discriminate against people who support same-sex marriage, we can’t discriminate against people who support marriage between a man and a woman.
Will he be at his sister’s wedding?
It’ll be a family occasion and I don’t normally miss family occasions.
Updated
Liberal member Hollie Hughes is ineligible to replace Nationals senator Fiona Nash in the Senate, by unanimous decision of the high court.
Hughes held the sixth spot on the Coalition’s Senate ticket at the 2016 election and was tipped to replace Nash after the high court found Nash was ineligible because she held British citizenship by descent from her Scottish-born father.
But the high court on Wednesday found Hughes was ineligible to replace Nash. It dismissed the summons to have Hughes declared a senator as Nash’s replacement, with reasons to be delivered at a later date. The court was said the commonwealth should pay Hughes’s legal costs.
Questions had been raised about Hughes’s eligibility because Hughes had been appointed by George Brandis to the administrative appeals tribunal in June 2017 after she missed out on a Senate seat at the 2016 election. Section 44(iv) of the constitution disqualifies anyone who holds an office of profit under the crown from election.
Constitutional experts had suggested that Hughes could be disqualified because of a high court authority that the election period stretches from the nomination date to the date that a seat is validly filled, which included Hughes’s time on the AAT during the period Nash was ineligible.
Hughes had resigned from her AAT position after the high court disqualified Nash so she could be eligible to replace Nash.
Updated
The resources minister, Matt Canavan, was just on Sky News talking up the importance of preserving human rights – the right to freedom of speech and expression – while introducing same-sex marriage.
He’s asked about the right that allows people to seek asylum.
“They do have the right – that doesn’t mean, of course, the way that that right is then assessed and ultimately resolved involves residence in Australia,” he said.
He goes on to say there is an “increasing feeling” among the faithful that they are being mocked, ridiculed, and persecuted.
“The governor general of Canada the other day was mocking people that believe God created life – the governor-general!” he said.
“Now, fortunately, that hasn’t happened here, but we’re not silly. We can see what’s occurring in the rest of the world and worried that it will come to Australia soon.”
Updated
Here’s a full copy of Dean Smith’s speech, introducing his bill to the Senate. A significant moment in Australia’s history.
The bill amends the Marriage Act 1961 to remove the restrictions that limit marriage in Australia to the union of a man and a woman. The Bill will allow two people to marry in Australia, regardless of their sex or gender. The bill will also recognise foreign same-sex marriages in Australia.
The requirements for a legally valid marriage otherwise remain the same under the Marriage Act.
Senator @DeanSmithWA's speech introducing the #marriageequality legislation - Marriage Amendment (Definition and Religious Freedoms) Bill 2017 #auspol #SSM pic.twitter.com/bm1iaHzV7E
— Political Alert (@political_alert) November 15, 2017
Updated
Liberal MP Angus Taylor, a social conservative, has told the ABC he will vote for the same-sex marriage bill. His electorate of Hume voted 58.6% yes.
“From the time I was a candidate five years ago, I always said I would reflect the view of my electorate in parliament,” Taylor said.
“I, of course, will want to see that there are appropriate protections, freedom of religion, freedom of expression and, of course, freedom of choice.”
Updated
We're on our way! The @AuSenate has agreed to commence debate on the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 tomorrow morning. #marriageequality #auspol pic.twitter.com/jSdq48r5Ft
— Dean Smith (@DeanSmithWA) November 15, 2017
Dean Smith with senators Pratt, Rice, Kakoschke-Moore, Wong & Hinch after he introduced the #SSM bill @murpharoo pic.twitter.com/YEVgSww8Ug
— Mikearoo (@mpbowers) November 15, 2017
As the Senate moved through the procedural obligations associated with the introduction of the Smith bill, you could hear a pin drop in the Senate.
No heckles, no trolling, no interjections.
The seriousness of what needs to happen over the next few weeks seems to now have descended on the chamber.
It’s a packed house. Even the One Nation leader, Pauline Hanson, has come in for this debate. She visits the chamber infrequently.
After the formalities, Dean Smith foreshadowed his bill. There were no objections, so the bill is now in motion.
There was a round of applause. As George Brandis exited the chamber, he shook Smith’s hand. The new Senate president, Scott Ryan, also stepped down from the chair at the close of proceedings and shook Smith’s hand.
The cross-party group that worked on the bill then did a tiny victory dance in the corner of the chamber, posing for photographs.
Updated
Dean Smith's same-sex marriage bill is before the Senate
Here it is folks. Dean Smith’s bill is before the Senate. There is applause.
The attorney general, George Brandis, earlier made a short statement. He has foreshadowed that he will move a motion to extend protections for civil celebrants, to ensure they can choose not to be involved in same-sex marriages. He also plans a motion to make it clear that it is not unlawful for anyone to express their religious views on marriage.
Those are not the government positions, but Brandis’s personal views.
The second reading debate on the bill will take place tomorrow. The debate will continue until all amendments are proposed and dealt with.
“I envisage that is likely by the end of the next sitting week,” Brandis said.
Labor senator Penny Wong has just spoken as well.
“In relation to the time frame, as Senator Brandis envisages, that this bill will be finalised by Thursday of the next sitting week,” she said. “This will be a debate that will conclude at the conclusion of the next Senate week.”
She said she hopes the parliament will keep in mind the result recorded today. She said the bill does not infringe on any freedoms to religion or expression that currently exist.
The Greens leader, Richard Di Natale, said his party had already made concessions to support the Smith bill. He notes the Smith bill has already been through a committee. He has a message for senators, particularly those who support same-sex marriage.
Think very, very clearly about entrenching discrimination in order to appease your colleagues, rather than listening to the Australian people, who spoke very, very clearly today.
Updated
We’re not far off from having Dean Smith’s bill on the floor of the Senate. Stay tuned.
Some last-minute drama, with Senator Derryn Hinch accusing Australian Conservatives leader Cory Bernardi of employing trickery to delay the bill.
Bernardi dismisses the allegation, telling Hinch he was not plotting “against your rainbow agenda”.
Updated
James Paterson caves in on same-sex marriage bill
Liberal senator James Paterson, who released a rival conservative same-sex marriage bill, has caved in in the face of the overwhelming yes vote in the postal survey.
In a statement, Paterson, a same-sex marriage supporter, said:
“I am very pleased with the strong “Yes” result today. At last, same sex couples will be able to get married, as I have long advocated.
The parliament must now quickly pass a bill to legalise same sex marriage. It is clear the majority of senators believe my colleague Senator Dean Smith’s Bill is where we should start.
I will now work constructively with my parliamentary colleagues over the coming weeks on amendments to ensure that the strongest possible protections for the freedoms of all Australians are enshrined in the final legislation.”
Of course, there can now be amendments to the Smith bill and each of the measures in the Paterson bill can be put up and considered one by one. But in the legislative fight, that’s round one for Liberal moderates.
Statement on path forward to legalise same sex marriage and protect freedoms: https://t.co/09f2r2cyJc
— James Paterson (@SenPaterson) November 15, 2017
Updated
The loss of Hollie Hughes likely paves the way for Jim Molan, a former senior officer in the Australian Army, to enter the Senate. You might remember Molan as the architect of Operation Sovereign Borders.
Updated
Hollie Hughes declared ineligible for Senate
After some early confusion about the high court’s ruling, we’re now clear that Hollie Hughes has been declared ineligible for the Senate.
Hughes was due to be the replacement for Nationals deputy leader Fiona Nash, who was forced out due to her dual citizenship. But Hughes was forced to refer herself to the high court due to her previous work with the administrative appeals tribunal.
Our apologies for the earlier post, since deleted, that suggested she was eligible.
Updated
While we wait for the Dean Smith same-sex marriage bill to hit the Senate, can I suggest a couple of reads on same-sex marriage? We’ve just published these lovely two pieces from David Marr and Katharine Murphy.
Updated
The communications minister, Mitch Fifield, is the next of Labor’s targets. Much like earlier in the week, the questions focus on his knowledge of former Senate president Stephen Parry’s citizenship woes.
Yesterday, Fifield said he “did not direct Senator Parry” to withhold information about his possible dual citizenship from others.
Labor senator Louise Pratt asks:
If he did not direct Stephen Parry in his conversations about citizenship, what did he do?
Fifield responds:
I didn’t advise, suggest or direct what Senator Pratt is suggesting. What I did was to encourage him to do what he was seeking to do and that was to check his own family history.
Fifield also denies, again, that he spoke about Parry’s possible dual citizenship with Malcolm Turnbull or others.
Updated
Greens senator Janet Rice asks George Brandis if same sex couples will be able to marry by Xmas @GuardianAus @knausc pic.twitter.com/a57DY6N3aj
— Mikearoo (@mpbowers) November 15, 2017
We’re yet to see Dean Smith’s same-sex marriage bill introduced into the Senate. But Smith himself is in the chamber for question time. We are expecting the bill at some point this afternoon.
Updated
The employment minister, Michaelia Cash, on her feet this afternoon, parrying Labor attacks over the AWU raid tip-off.
Updated
Rex Patrick, our newest senator, is up on his feet, asking a question of the finance minister, Mathias Cormann, about job creation and government procurement. Patrick is the new Nick Xenophon Team senator and was sworn in this morning as Xenophon’s replacement.
Updated
We’ve now had three dixers on Adani’s Queensland coal mine in three days for the resources minister, Matt Canavan. Canavan talks up the jobs on offer from Adani for Queenslanders.
“If they want these jobs, the LNP is not shy in expressing our support,” he said.
We gathered, senator.
Updated
The attorney general, George Brandis, says he “welcomes and rejoices” in the outcome of the same-sex marriage survey.
“This, on any view, was an outstanding outcome. And I once again want to congratulate Senator Mathias Cormann, who was responsible for the conduct of the postal survey, on an outstanding response,” Brandis said. “The result ... gladdens me greatly.
“This is an important day in Australian history, it is an important day in the history of human rights in Australia, it is an important day on which we acknowledge and, finally – finally – strike down this barrier of discrimination on the grounds of sexuality.”
Greens senator Janet Rice asks whether the process from here will ensure that LGBTIQ people in Australia are free from discrimination. She’s referring to the bill proposed by James Paterson, who wants greater protections for businesses to discriminate against same-sex weddings.
Brandis responds:
Senator Rice, I don’t believe they should be rolled back, I think you and I have the same view on this matter.
Updated
The attack is again pressed on Michaelia Cash, this time over her office’s tip-off to media ahead of the Australian Workers’ Union raid. Labor are asking her whether she understands the concept of ministerial responsibility.
“I took responsibility in relation to it when it was brought to my attention that the information I had given was not correct. I corrected the record and my staff member resigned,” Cash said.
(July 1, 2005) $100,000 donation to GetUp
Australian Workers Union makes $100,000 donation to activist group GetUp as it launches in 2005. Bill Shorten was the secretary of the AWU and a founding board member of GetUp.
(November 22, 2016) ROC established
Turnbull government sets up Registered Organisations Commission – a new union watchdog to monitor and investigate unions and employer associations.
(August 16, 2017) Cash refers AWU to ROC
After details of AWU's 2005 donation are reported in the Weekend Australian, Cash refers matter to the ROC for investigation.
(October 20, 2017) ROC starts investigating AWU
ROC begins formally investigating AWU's national and Victorian branches.
(October 23, 2017) AEC announces separate GetUp investigation
Separate to AWU, ROC and $100,000 donation, Australian Electoral Commission announces it will investigate GetUp for its conduct in the 2016 election. AEC says GetUp could potentially be an 'associated entity' of Labor and the Greens because its activism substantially benefited both parties in the federal election.
(October 24, 2017) AFP raids AWU
ROC asks Australian federal police to raid offices of AWU, after anonymous caller tells them union officials may be destroying documents. Some media outlets are tipped off, appearing at AWU's offices before police arrive for late afternoon raid.
(October 25, 2017) Cash denies aide tip-off ... then admits it
- 11am – On five occasions, Cash denies that anyone in her office knew about the raid, or tipped off journalists, as she is grilled at a Senate estimates committee.
- 6pm – An explosive Buzzfeed article is published. Two journalists say they were tipped off by someone in Cash's office, an hour before the raid. The Senate committee heads to a dinner break.
- 7.30pm – Cash returns and reveals her senior media adviser, David De Garis, did in fact tip off the media.
- She explains she was unaware of De Garis's actions until he told her over dinner. As for how De Garis knew about the raid in advance, Cash says De Garis was told by 'a media source".
- De Garis resigns.
(October 26, 2017) Calls for Cash to resign
The questioning continues. Cash fronts the Senate committee again as Labor and the Greens call for her resignation, saying she mislead the parliament five times the previous day. Government colleagues stand by her. 'Michaelia Cash simply did not know,' says social services minister Christian Porter.
Updated
Question time has just begun in the Senate
Labor is asking the women’s minister, Michaelia Cash, whether she will speak to the One Nation leader, Pauline Hanson, about the posts by her Queensland state candidate, Mark Thornton, whose adult shop business posted jokes on social media about domestic violence.
Cash says she hasn’t spoken to Hanson, but would hope it’s clear to everyone in the chamber that domestic violence is unacceptable.
“In no way is domestic violence ever a joking matter, it is never a matter to be laughed at,” Cash said.
She’s asked whether she will condemn her Queensland LNP colleagues for striking a preference deal with One Nation.
“There is no preference deal between the LNP and One Nation in Queensland, and quite frankly any suggestion of that fact, yet again, is just Labor muddying the water,” she said.
7 News reporter @BenBMurph questions @OneNationAus candidate Mark Thornton about a sex shop he owns. @PaulineHansonOz #7News pic.twitter.com/8vOGFw2pG6
— 7 News Sydney (@7NewsSydney) November 10, 2017
Updated
Just an update on what we know of the voting intentions of politicians.
George Christensen said he would abstain from voting on the Dean Smith bill, but would vote for the James Paterson bill.
Matt Canavan looks like he’ll abstain from the Smith bill, too. Andrew Hastie is also likely to abstain, despite his electorate voting for marriage equality.
Labor MPs who will vote for same-sex marriage, despite their electorates voting against:
- Jason Clare
- Linda Burney
- Tony Burke
- Michelle Rowland
- Ed Husic
The electorates of Chris Bowen, Julie Owens and Chris Hayes also voted against same-sex marriage.
Updated
You might have missed this amid all the same-sex marriage news, but my colleague Gareth Hutchens had a piece on Paul Keating’s speech to the Ceda annual dinner last night. Keating slammed Australia’s big business lobby groups for being obsessed with tax cuts and lacking the imagination to prevent the economy slipping backwards. He said the plan for company tax rate cuts failed to understand that economic growth must be inclusive.
“We can see in America today what the loss of these balances means, watching the extremes of income and wealth rip at the fabric of American society,” Keating said.
You can read the full piece here:
Updated
Let’s get into the nuts and bolts of what will happen in parliament now. The Dean Smith bill will be introduced to the Senate this afternoon. There will be some initial debate, and Christopher Pyne says a second reading debate will happen tomorrow. Then the bill will be sent to the House of Representatives, which doesn’t sit until later this month.
Amendments can be proposed and debated in both houses.
Smith’s bill is continuing to split the Coalition down factional lines.
Former Australian prime minister John Howard has had his say on the protection of parental rights, religious freedoms and freedom of speech. He’s added his voice to the conservative warnings against the Smith bill, which has cross-party support.
“These are not small matters. It is a pity that the government, as I asked, had not spelled out before the vote how these matters were going to be covered in any enabling legislation,” Howard said.
“I don’t regard the Dean Smith bill as being sufficient. I think the two things that really matter are freedom of religion and parental rights. Issues about cake makers or florists – I don’t want the debate to get hung up on that.”
But Pyne, the leader of the house, said the Smith bill provided sufficient protections for religious freedom. Pyne said the Smith bill was “the starting point”. Amendments could be proposed by whoever so wished, he said.
He said the poll result was a vindication of the government’s strategy.
“It’s a very clear result. It’s also vindication of the government’s policy to ask the Australian people to have a say. Almost 80% [of] people voted – it’s an outstanding contribution to a voluntary plebiscite,” he said.
“There’s now been a yes vote, the people have spoken. It’s now the job of the parliament to faithfully implement marriage equality by the end of the year and that’s exactly what we intend to do.”
Updated
Let’s see how long that smile lasts. It’s going to be a tough time for Turnbull from here on.
Home & Happy, the PM at a presser after the #SSM result and an overnight flight from Manila @knausc @GuardianAus pic.twitter.com/IolcwM6BKi
— Mikearoo (@mpbowers) November 15, 2017
The attention is now well and truly on which bill the parliament will use to take the nation forward on same-sex marriage legalisation. The Qantas chief executive, Alan Joyce, a prominent yes campaigner, said most Australians voted yes with the Dean Smith bill in mind.
He’s rubbished the bill put forward by James Paterson. How could a baker refuse to bake a cake for him and his partner if they turned up at the baker’s together, but not if he turned up by himself, he asks.
“There’s something perverse about that that’s just not right,” he just told Sky.
Joyce said he had voted yes with the Smith bill in mind.
“I agree with [attorney general] George Brandis on this – that you can’t remove one form of discrimination, which was in the marriage act, and start putting in other forms of discrimination again,” he said.
“I do believe that the protections in the Dean Smith bill, which are the protections for the religious organisations that are there, are adequate.”
Updated
South Australia dumps banking tax
Some breaking news from South Australia. The Labor government of Jay Weatherill has announced it’s dumping its bank tax. The bank tax was met with significant opposition when it was proposed. The Australian Bankers’ Association had vowed to take the state government to the high court.
“For all intents and purposes, the bank tax is dead,” Weatherill said.
The timing of the announcement is interesting, to say the least.
Updated
Well, an interesting turn in Bennelong. Keneally has turned up during campaigning by Liberal John Alexander and foreign minister Julie Bishop. I’m sure she was welcomed with open arms. The same-sex poll was interesting in Bennelong. It had the electorate fairly evenly split for and against same-sex marriage. The no camp just had it, with about 51% of the votes.
Meanwhile, @KKeneally has crashed John Alexander's event with Julie Bishop. Pic by @nampix #auspol #bennelong pic.twitter.com/EAhVx1RqKk
— Bevan Shields (@BevanShields) November 15, 2017
Updated
So the Newspoll had it at 63%, ends up being 61.6% which is basically within the margin of error. What a waste of $100m.
— Greg Jericho (@GrogsGamut) November 14, 2017
Kevin Andrews has been on Sky, talking about the bakers again. Andrews, a conservative, wants greater protections for people to discriminate against same-sex weddings.
Indeed, he wants Islamic bakers to be able to deny cakes to people of the Jewish faith and vice-versa. But only for weddings, so it’s OK.
“If that individual wants to be able do that, I don’t have a problem,” he said.
“But nor do I have a problem the other way around. Don’t have a problem if there was a gay baker who said, ‘I don’t want to bake a cake for a heterosexual wedding, or I don’t want to bake a cake for a Christian, or an Islamic celebration, whatever it might be’.”
Updated
Our intrepid photographer, Mike Bowers, was among a gathering of politicians watching the results earlier today in parliament. He’s captured, in stunning form, the elation of Labor’s Penny Wong.
Updated
There is an interesting set of results for Labor out of this survey. Many Labor seats in western Sydney were distinctly in the no camp.
That includes Blaxland, Jason Clare’s seat, which voted only 26.1% yes. Blaxland was one of nine Labor seats in western Sydney to vote no.
What does that tell us? Will voters punish their local Labor members for supporting same-sex marriage?
No vote majority in 12 western Sydney seats (9 ALP, 3 LIB) 2 Labor seats in Melbourne (Calwell, Bruce), 2 LNP and 1 KAP seat in Queensland
— Antony Green (@AntonyGreenABC) November 14, 2017
My colleague Nick Evershed has prepared an interactive map, breaking down the results electorate by electorate. Zoom into Sydney and you’ll see a distinct concentration of no votes in the western suburbs.
Updated
Now, just briefly back to the politics of same-sex marriage. The yes vote has presented the Coalition with a potentially damaging choice between two bills, one proposed by moderate, Dean Smith, and another from James Paterson, which has the backing of conservatives. The debate is likely to take place in the week of 27 November.
Smith has just said his bill was borne out of a committee process, has been discussed for months, and is fair and reasonable.
“If there are amendments, let’s see them, but let’s be clear about this: Australians did not participate in a survey to have one discrimination plank removed, to have other planks of discrimination piled upon them,” Smith said. “They said no [to discrimination]. They said no clearly.”
Other conservatives – Eric Abetz and Matt Canavan – have expressed support for Paterson’s bill, which gives greater religious protections for those who don’t want to provide goods or services to same-sex weddings. Bakers or florists, for example, could refuse to do work for same-sex weddings. Conservative Mathias Cormann spoke earlier. He said the Smith bill is a good place to start, but he wants amendments to improve religious protections.
“I believe the Smith bill is a good starting point and indeed a number of senators have given notices that they will seek to introduce the Smith bill into the Senate this afternoon,” he said. “I do believe that there is a need for some additional religious protections. I am not going to go into the specifics today
Updated
Malcolm Turnbull has declared same-sex marriage will be made lawful by Christmas. Here’s a bit more from Turnbull this morning.
The people of Australia have spoken and I intend to make their wish the law of the land by Christmas. This is an overwhelming call for marriage equality. pic.twitter.com/PWZbH5H71r
— Malcolm Turnbull (@TurnbullMalcolm) November 14, 2017
Updated
In other political news, the high court hearing into the eligibility of Hollie Hughes has kicked off in Canberra. Hughes is the replacement for the former deputy nationals leader, Fiona Nash. But she faces a difficult path to the Senate. Her prior work on the administrative appeals tribunal could see her run foul of section 44 of the constitution. The section makes individuals ineligible if they hold an office of profit under the Crown.
My colleague Gareth Hutchens is down at the court, and will bring us updates as they happen. We’re not expecting a decision today, but we will hear legal arguments from both sides.
Updated
An ecstatic Bill Shorten has addressed crowds in Melbourne.
“What a fabulous day to be an Australian – because in this survey the Australian people have declared overwhelmingly Australia is ready for marriage equality,” Shorten said.
“And I just want to make one promise: today we celebrate, tomorrow we legislate.”
Updated
Turnbull speaks on same-sex marriage
At a press conference in Canberra, Malcolm Turnbull said that Australians had “spoken in their millions and they have voted overwhelmingly yes for marriage equality”.
Turnbull said the result was “unequivocal and overwhelming”, warning conservatives, including in his own government, that the public are “our masters” and the parliament must now deliver on the result.
“They voted yes for fairness, yes for commitment, yes for love. And now it is up to us here in the parliament of Australia to get on with it, to get on with the job the Australian people asked us to do and get this done,” he said, stressing the law should change before Christmas.
Appearing alongside Turnbull, the finance minister, Mathias Cormann, said the cross-party bill is a “good starting point” but he believed “there is a need for some additional religious protections”, signalling amendments could still be contentious within the government.
Updated
Emotional scenes in parliament during the announcement. Labor’s Penny Wong, who has campaigned tirelessly for the yes vote, breaks down at the news.
Penny Wong reacts #auspol pic.twitter.com/Xejae6FJTr
— Peter Jean (@peterdujean) November 14, 2017
Penny Wong breaks down after she hears the #SSM result in P/H @GuardianAus @knausc #politicslive pic.twitter.com/28oHhROfIH
— Mikearoo (@mpbowers) November 14, 2017
The prime minister is scheduled to hold a press conference at 10.15am. He’ll be speaking with Mathias Cormann.
The results are starting to come in by electorate. Turnbull’s electorate of Wentworth delivered a staggering result for the yes camp. It returned an 80% yes vote. Just 19.2% of Turnbull’s electorate voted no.
Tony Abbott’s electorate of Warringah voted 75% yes.
A number of Labor electorates returned strong no votes. One among those was Blaxland, Jason Clare’s seat, which voted 73.9% no.
Updated
Australians vote for same-sex marriage
The results are in, after what felt like a rather long statement from the chief statistician.
Australians have overwhelmingly voted for same-sex marriage. The results are 61.6% for yes, 38.4% for no.
Remember to follow our dedicated live blog for all of the reaction and colour from yes celebrations across the country. The link is below. I’ll be continuing my focus on parliament for the day.
Not long now. Many politicians are nervously awaiting the result at a cross-party event in parliament house.
Anticipation countdown #VoteYes #MarriageEquaility pic.twitter.com/2SkatAf9cG
— Senator Lee Rhiannon (@leerhiannon) November 14, 2017
Updated
Top marks for the shoes, senator. Not quite sure they work with the suit, but you can’t have everything, I suppose.
Check out @RichardDiNatale's shoes in the Senate #auspol #marriageequality pic.twitter.com/w0xjdTZ7FU
— Bevan Shields (@BevanShields) November 14, 2017
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We’re only 10 minutes away from the announcement of the same-sex marriage survey result. In parliament, politicians are gathering to watch the result live. Political editor Katharine Murphy is down there. She says Labor senator Sam Dastyari was the first to arrive. Janet Rice, of the Greens, is hanging a rainbow flag in the room. Labor senator Louise Pratt is wearing another rainbow flag.
The Greens also gathered ahead of the announcement in one of parliament’s courtyards.
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A bit more on the Kristina Keneally announcement. It has prompted this front page from the Daily Telegraph. The front page, in turn, has prompted an angry response on social media.
Note to the @dailytelegraph:
— Van Badham ✊🏻🌈 (@vanbadham) November 14, 2017
- women are NOT property
- @KKeneally is a former Premier of NSW & a respected commentator, NOT “a girl”.
- she FOUGHT corrupt people & put *them in jail* (it was reported by real newspapers - maybe read one?)
... you sexist goons.#auspol pic.twitter.com/XUOoDioe72
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We reported yesterday on the shock announcement of Kristina Keneally as Labor’s star candidate for Bennelong, in northern Sydney. It raised the stakes considerably in the upcoming by-election, where Liberal John Alexander will fight to take back the seat he lost due to the citizenship crisis.
Senior governments ministers – Greg Hunt, Malcolm Turnbull and Scott Morrison – lined up yesterday to attack Keneally over her time as NSW premier. Their strategy relies on linking Keneally to jailed former ministers Eddie Obeid and Ian Macdonald.
Keneally has deflected the criticisim as a political smear. Labor highlights the fact she gave evidence against Obeid and others, as part of Icac’s Operation Credo.
Labor MP Richard Marles has said the strategy smacks of the government’s “insecurity”.
Marles describes Keneally as an “absolute political star”, and said she would have anticipated the attacks.
“Of course she would have anticipated all of this and as I looked at her yesterday and read the papers this morning, this is water off a duck’s back, from her point of view,” Marles said.
“[It’s] really a pathetic smear campaign on behalf of the government, which speaks much more about their own sense of insecurity, about their own fortunes in this, than it does about Kristina Keneally.”
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It may be lost among the din, but the Senate is welcoming a new senator today. South Australia’s Rex Patrick will be sworn in as Nick Xenophon’s replacement. Xenophon resigned from parliament last month to run for a seat in the South Australian parliament.
Patrick is one of Xenophon’s former senior advisors. Patrick was born in New Zealand and moved here when he was a child. Don’t worry, we’ve checked. Patrick has already provided proof of his renunciation of New Zealand citizenship.
Patrick was nominated by South Australia’s parliament as Xenophon’s replacement yesterday.
We’re expecting him to be sworn in early this morning.
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We’ve got some news this morning about Malcolm Turnbull’s trip to Manila. The New Zealand prime minister, Jacinda Ardern, has persistently offered to take 150 refugees from Manus Island, which would go a long way in alleviating the troubling situation in Papua New Guinea. Australia has so far rebuffed the offer.
My colleague in Manila, Oliver Holmes, reports that Turnbull appears to have snubbed a public request by Ardern for a “substantive” discussion about the Manus offer. Ardern was asked on Tuesday night whether she had met with Turnbull:
“Not since I saw him in passing but our officials have been talking together.”
You can read the full story here.
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Our same-sex marriage blog has just gone live. Follow my colleague Helen Davidson for detailed coverage of the poll result. She’ll be monitoring celebrations and events across the country, and the reaction of key figures on both sides of the campaign. She’ll also have first word on the 10am announcement of the result by the Australian bureau of statistics.
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Conservatives, moderates continue positioning on same-sex marriage bill
I just want to wrap up some of the politics on same-sex marriage this morning.
Already we’ve seen conservatives and moderates within the Coalition position themselves behind one of two bills proposed to make same-sex marriage lawful. Moderates are lining up behind the private member’s bill of Liberal MP Dean Smith, which has cross-party support. The conservatives are backing the bill proposed by Liberal MP James Paterson, which Malcolm Turnbull said had no chance of passing parliament.
One of the Coalition’s key conservatives Eric Abetz is speaking on Sky News this morning. Paterson’s bill would, for example, make it lawful for a baker to refuse to make a cake for a same-sex couple’s wedding but not for a same-sex couple’s birthday.
Abetz is asked isn’t that a bit odd?
“It can be a bit odd and you know what, in a free society we actually allow people to be odd, if that’s what they wish to be,” Abetz replies.
Abetz describes Paterson’s bill as a “masterful piece of legislative drafting”. The Smith bill is defective, he said.
“It seems to be the Green/Labor/Dean Smith bill, whereas the James Paterson bill is a true embrace of classical liberal values,” he said.
A bit earlier, resources minister Matthew Canavan, another key conservative, wouldn’t say whether he would accept the yes vote if it won with a margin of, say, 51%. He said he would wait and see the result. He then warned against “the tyranny of the majority”, saying there would be millions of people who would have voted no. That “minority” ought to be protected, he said.
Australian Conservatives leader, Cory Bernardi, has also called for stronger protections for religious freedom.
Liberal MP Tim Wilson, a campaigner for same-sex marriage, said the Paterson bill is unworkable and would not pass parliament.
“It’s unamendable. He can’t get it to a position where it would be able to be passed through the parliament,” Wilson said.
The Smith bill, he said, actually included stronger religious protections.
“Today is not actually about the legislation, that time will come. It’s actually about whether we are going to be a better country,” Wilson said.
Labor’s Penny Wong said the announcement of the poll result would represent a “profoundly important statement”.
“It will be a profoundly important statement about our nation, it will be a profoundly important statement about what sort of country we are. I believe in an Australia that is decent and fair,” Wong said.
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Good morning and welcome
Welcome to what will be momentous day in Australian politics. You don’t need me to tell you that the story of the day is same-sex marriage. The results of the survey will be released at 10am.
We’re providing detailed coverage of the results in a separate blog, covered by my colleague Helen Davidson. But there’s plenty more happening around parliament today. Given the rather extraordinary events of the week thus far, we can safely predict it’ll be another day of drama in Canberra. Here’s what we know so far:
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Malcolm Turnbull is flying back into the country this morning, fresh from his trip through Asia. He’ll arrive into a developing storm within his party over which bill will be used to legalise same-sex marriage. There had been cross-party support for a bill proposed by moderate Liberal Dean Smith. But a second bill was introduced this week by Liberal MP James Paterson, who wants stronger protections to allow businesses to discriminate against same-sex weddings. Bakers and florists would be able to refuse to provide services to same-sex weddings under the bill. The Coalition’s conservatives have expressed support for stronger protections. Turnbull has already smacked it down, and we’re sure to have an interesting confrontation later today, once the survey results are known.
- The citizenship drama rolls on. Jacqui Lambie resigned yesterday after discovering she was a dual British citizen. But it doesn’t end there. Today, the high court is hearing whether the Liberal MP Hollie Hughes is eligible. Hughes is the replacement for deputy Nationals leader Fiona Nash, who was ruled ineligible by the high court. Hughes served on the administrative appeals tribunal part-time, meaning she may fall foul of another part of section 44, which prohibits candidates from standing if they hold an office of profit under the Crown. That section is designed to prevent public servants from running for parliament. At the same time, the Coalition is continuing to pile on the pressure over Labor and crossbench MPs it believes are in doubt: Susan Lamb, Justine Keay, Rebekha Sharkie, Josh Wilson, Madeline King.
- The dire situation on Manus Island continues. Hundreds of men remain stranded in the detention camp. The UNHCR has urged Australia to accept New Zealand’s offer to take some of the men, an offer which has so far been refused.
- We’re also waiting to see what the government will do with its welfare reforms. We reported on Tuesday that the Nick Xenophon team will refuse to support the drug testing of welfare recipients. The bill was due to come before the Senate today, although it may be pushed back due to the dominance of citizenship and same-sex marriage issues this week.
So, stick with us and we’ll keep you posted on developments as they emerge.
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