Senator O'Sullivan is leading a group of about 10 conservative Coalition senators who oppose the same-sex marriage bill that was conceived by Liberal senator Dean Smith and co-sponsored by Labor, the Greens, crossbenchers and minor parties.

They believe it does not contain adequate protections for religious freedom and parents. They had wanted the bill discussed among the Coalition and beefed up before it was introduced, using amendments proposed in a rival bill put forward by Liberal senator James Paterson.

Instead, Senator Smith's bill was introduced with cross-party support.

"We have been treated with contempt rather than harmonise the Smith and Paterson bills," Senator O'Sullivan told the Financial Review.

Senator Penny Wong is hugged by co-sponsor Senator Dean Smith after speaking on the Marriage Amendment Bill at Parliament House in Canberra on Thursday 16 November 2017. Fedpol. Photo: Andrew Meares Andrew Meares

Senior conservative Peter Dutton and deputy leader Julie Bishop have both proposed dealing with religious freedoms in separate legislation, should any issues arise. This would enable the swift passage of the same-sex marriage legislation and push any potential debate on freedoms into next year.

It can be revealed that two additional amendments proposed by Attorney-General George Brandis on Monday afternoon, just before the bill was tabled, were designed to head off a revolt by Senator O'Sullivan and other disgruntled Senators who had threatened to use procedural tactics to delay the bill being debated at all.

One amendment concerns freedom of speech for people to practice and profess their religion, the second exempt civil marriage celebrants from having to marry gay couples, in the same way churches and religious celebrants are exempt under the Smith bill.


The proposal headed off a brawl but have not gone far enough for the conservatives. Senator O'Sullivan and his band of rebels plan to put almost 88 amendments to the Smith bill when debate resumes the week after next.

Coalition senator Barry O'Sullivan Andrew Meares

But sources say most, if not all the proposed amendments, including those proposed by Senator Brandis, will fail, because the numbers are there in both Houses for the Smith bill.

Some Labor senators, such as Don Farrell, will be voting against same-sex marriage but they cannot vote for such amendments because Labor's conscience vote applies to same-sex marriage, not religious freedoms, said a Labor source.

The strength of the Yes vote in which 61.6 per cent supported change and every state and territory voted Yes, while 38.4 per cent voted No, took the wind out of the conservatives. They had based their next move of a campaign of defiance on a No vote of at least 40 per cent and one or two states voting No.

Introducing his bill on Thursday, Senator Smith appealed to those of religious conviction who felt under threat. He said not only did they have nothing to fear from same-sex marriage, but that sense of being ostracised and discriminated against was what gay people endured their entire lives.