Australia Attempts to Avoid U.S. Pitfalls in Same-Sex Marriage Legislation

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Australia Attempts to Avoid U.S. Pitfalls in Same-Sex Marriage Legislation



As attorneys for Colorado baker Jack Phillips prepare to defend his religious and free speech rights before the U.S. Supreme Court on Dec. 5, the Australian Parliament is drafting same-sex marriage legislation that some fear could criminalize similar dissent Down Under.


Australians overwhelmingly showed their approval of same-sex marriage in a recent postal poll. The results, published Nov. 15, showed 61.1 percent approve of state-recognized same-sex marriage. Legislators are taking the results as a mandate to move ahead on marriage legislation that Prime Minister Malcolm Turnbull pledged to push through Parliament by Christmas.


Those who championed a “No” vote on the survey warned that a same-sex marriage law would threaten Australians’ religious and free speech liberties. Although mocked as fearmongers, their predictions now are playing out in Parliament.


“No sooner had the plebiscite result been announced, the Yes [campaign] side immediately ridiculed the idea of protecting business owners from being coerced to violate their consciences,” Lyle Shelton, managing director of the Australian Christian Lobby and WORLD’s 2016 Daniel of the Year, told me. “This was seen akin to racism, rather than what it is—freedom not to participate in an activity that goes against one’s sincerely held beliefs.”


In the wake of the 2015 U.S. Supreme Court decision…

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