Gay marriage wins support in Australian popular vote

Australian lawmakers must now draft legislation to legalize same-sex marriages by the end of the year after 62 percent of voters who participated in a postal survey favored reform. 

Yael Brender (l.) and Emma Sahlstom march in a celebratory parade in Sydney Australia Nov. 15, 2017 following the results of a popular vote in support of gay marriage.

Rick Rycroft/AP

November 15, 2017

Australians supported gay marriage in a postal survey that ensures Parliament will consider legalizing same-sex weddings this year.

The Australian Bureau of Statistics said on Wednesday 62 percent of registered voters who responded in the unprecedented survey favored reform.

The conservative government promised to allow a bill creating marriage equality to be considered in Parliament in the final two-week session that is due to end on Dec. 7.

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A "no" vote in the survey would have put marriage equality off the political agenda, perhaps for years. Thousands of marriage equality supporters waving rainbow flags gathered anxiously in city parks around the country and cheered when the results were announced.

Prime Minister Malcolm Turnbull, a vocal advocate of marriage equality, called on lawmakers to heed the "overwhelming" result and to commit to legislate for gay marriage by next month.

"They voted 'yes' for fairness, they voted 'yes' for commitment, they voted 'yes' for love," Mr. Turnbull told reporters. "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 have tasked us to do and get this done this year before Christmas – that must be our commitment."

Some government lawmakers have vowed to vote down gay marriage regardless of the survey's outcome. But the survey found a majority of voters in 133 of the 150 districts in the House of Representatives wanted reform.

Ireland is the only other country to put same-sex marriage to a popular vote, but that referendum was binding. Irish voters in 2015 changed their constitution to allow marriage equality.

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In Australia, voting in elections and referenda is compulsory, but the Senate refused to fund a binding vote. Almost 80 percent of more than 16 million registered voters posted ballots in the voluntary survey, which gay marriage advocates opposed as an unnecessary obstacle and opponents derided as being about a boutique issue of little public interest.

The UN Human Rights Committee last week criticized Australia for putting gays and lesbians "through an unnecessary and divisive public opinion poll." The committee called on Australia to legislate for marriage equality regardless of the survey's outcome.

Lawmakers opposed to gay marriage are already moving to wind back anti-discrimination laws, with debates in Australia intensifying over the possibility of gay wedding boycotts and refusals to provide a celebrant, venue, flowers, or a cake.

Several government lawmakers on Monday released a draft gay marriage bill, proposed by Senator James Paterson, that critics argue would diminish current protections for gays against discrimination on the grounds of sexuality.

Government senator Dean Smith proposed a separate bill favored by Turnbull that ruled out any compromise that would cost gays and lesbians their existing protections against discrimination.

"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," Mr. Smith told reporters.

Fiona McLeod, president of the Law Council Of Australia, the nation's peak lawyers group, said Paterson's bill "would encroach on Australia's long-established anti-discrimination protections in a dangerous and unprecedented way."

Lyle Shelton, spokesman for Coalition for Marriage which lobbied against the reform, said her group favored Paterson's bill.

"I don't think anyone who voted in this postal survey wants to see their fellow Australians put up on hate speech charges," Ms. Shelton said. "We need to protect freedom of speech, freedom of conscience, and also freedom of religion."

This story was reported by The Associated Press.