Dan Tehan (Wannon, Liberal Party, Minister Assisting the Prime Minister for Cyber Security) Share this | Hansard source

There are some issues so important to the fabric of society that they should not be decided in this parliament alone. The issue of marriage, whose origins are first and foremost a religious rite, is fundamental to our society. I remain eternally grateful to my parents for the strong family unit I was brought up in.

Marriage is a tradition that recognises the union between two people. On this issue, it was only right for each Australian who wanted to be heard to be given a chance to speak. This was our commitment to Australians at the last election, and it is a commitment that we have fulfilled despite the fact that this process was continually frustrated. The coalition believed we should allow all Australians to have a say on whether the law should be changed to allow same-sex couples to marry. Australians embraced the opportunity to have their say as part of this process. We saw a record number of people update their details on the electoral roll, and nearly 80 per cent of all eligible Australians participated in the survey. In my electorate of Wannon, 81.4 per cent of all eligible voters returned their survey forms to the ABS. Nearly eight million Australians, and around 50,000 of my own constituents, voted yes in the survey.

As I have previously stated, I will be voting in favour of amending the law to allow same-sex couples to marry, in line with the national and local result. I wish all same-sex couples who decide to marry the best of love and happiness. Can I also commend the member for Leichhardt for his steadfast commitment to this issue. He has been a consistent advocate since 2005, when I first came to know him. I would like to thank all the constituents who came to see me during the survey process to advocate for a 'yes' vote and to explain their personal circumstances and why this outcome was important to them. I am not going to single out anyone in particular, but a broad cross-section of the community made representations, including young farmers, parents, students and the local business community.

This process has been an affirming experiencing for Australian democracy and the Australian public, who peacefully and respectfully participated in the public debate. Australians can be assured that the process and outcome of the survey was transparent, fair and, most importantly, allowed all Australians to have a say on this important matter of conscience. As Liberals, we understand that these issues are nuanced and that individuals hold a wide range of views for various reasons. As parliamentarians, it is now our responsibility to enact legislation that legalises marriage for same-sex couples but also acknowledges the concerns of the nearly five million people who voted no. Every coalition member and senator has a free vote to give effect to their decision.

While I support the traditional definition of marriage, I gave a commitment before the last election that I would vote in line with the result of the survey and I will honour that commitment. In saying that, I also believe it is incumbent on the parliament to determine the appropriate levels of religious protections as part of implementing this reform to our marriage laws. The survey period and result demonstrated that a majority of Australians supported the legalisation of same-sex marriage. However, the sensible discussion that accompanied the survey also showed a very high level of support for protecting religious freedoms. While it is important to ensure the will of the majority of Australians is respected and same-sex marriage is legalised in a timely fashion, it is equally essential to reassure Australians that their right to their own religious beliefs will be protected.

As with the 'yes' case, locally, many of my constituents made their views known against same-sex marriage. I thank them for the respectful and courteous way they did this. Australians recognise that the essential liberties of freedom of conscience, freedom of religion and freedom of speech must be protected. I am of the view that any reforms to protect religious freedoms at large should be undertaken carefully, and I welcome the recent appointment of the Hon. Philip Ruddock to lead a review into the legal protections for religious freedom in this country. I also welcome the fact that Mr Ruddock will be assisted by an expert panel, including Emeritus Professor Rosalind Croucher, AM; the Hon. Annabelle Bennett, AO SC; and Father Frank Brennan, SJ AO.

Either in this bill before parliament or as appropriate in other federal legislation, it is essential that religious freedoms continue to be protected in Australia. Right now I would urge each member to consider the potential impact of this bill on the millions of Australians who chose to vote no. Their views are not diminished by their loss, and their freedom to hold their views should not be constrained by any law that we may now seek to pass. I urge all parliamentarians in the House to consider the substance and intent of the Paterson-Fawcett amendments. These amendments should be considered on a conscientious basis, rather than from behind parliamentary lines.

We must ensure that as we provide freedom to one, we do not take it from another. Conscience and the freedom of conscience in our society are sacred. This freedom is fundamental to the freedom of speech, freedom of action and freedom of political expression. For those without faith, it does not mean that freedom of religion is any less a freedom. Our system has established these freedoms on the suffering and sacrifice of many of those who have gone before us. Many Australians have died for these freedoms and we should ensure that as we extend a new freedom, their sacrifices are not forgotten.

As a young boy growing up in country Victoria, my grandfather had a portrait of St Thomas Moore hanging over the desk in the office. It was through my grandfather that I came to learn of his deeds. St Thomas Moore was a parliamentarian, a lawyer, a loyal servant to his king and a deeply religious, conscientious man. The story of his sacrifice and quiet spiritual devotion is a lesson in morality that we can all benefit from. In reflecting on his faith and his example in public service, we must recognise the need for a robust legal framework that allows people of faith with conscientious objections to same-sex marriage the freedom to thoughtfully and peacefully honour their own faith. Indeed, it is appropriate to reflect on the words of St Thomas Moore who said:

No man shall be blamed in the maintenance of his own religion.

And while St Thomas Moore's stance against Henry VIII on the grounds of his religious principles did not prevent the passage of change, he refused to endorse a position contrary to his own beliefs, which ultimately led to his execution.

Centuries later, no Australian should be persecuted for maintaining their just and conscientious beliefs, as long as they are consistent with our political and civil rights. Those Australians who do not endorse this change should not risk being punished or forced to endorse it. Their beliefs and faiths should be respected in the same way we will expect them to respect this new freedom when it is passed. Protecting religious freedoms do not discount the freedoms of same-sex couples wishing to be married. They enhance the tapestry of Australian society and ensure that institutions, such as churches, charities and individuals feel free to practise their views in an open and tolerant society.

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