Nick Grimm reported this story on Wednesday, September 30, 2015 08:24:00

MICHAEL BRISSENDEN: An Anglican Church report on the implications of same-sex marriage says bakers, photographers and florists should not be forced to provide their services "through gritted teeth" if they hold religious objections to helping gay couples celebrate their nuptials.



The author of the report, Bishop of South Sydney Robert Forsyth, says a way needs to be found to balance what he calls "justifiable discrimination" against gay couples, with respect for any changes to marriage laws that might result from a national plebiscite on the issue.



Nick Grimm reports.



NICK GRIMM: In the United States, individuals claiming a conscientious objection to gay marriage have in some cases become national figures, admired and condemned by their supporters and their critics.



Kentucky county clerk Kim Davis went to jail rather than sign her name to marriage certificates for gay couples.



The owners of a bakery who objected to making a wedding cake for a lesbian couple was ordered to pay $200,000 in damages.



ROBERT FORSYTH: I think what's happened in America is a sign of how sometimes badly it can go.



NICK GRIMM: The Anglican Bishop of South Sydney, Robert Forsyth, wants to prevent that happening here in Australia.



ROBERT FORSYTH: How does it help if for those who are celebrating a same-sex marriage, does it really help to know that the baker is doing it through gritted teeth because they've got no - does it really help to have the clerk or whatever it is doing it because the law's forcing them against their conscience, that's not a win for anybody, is it?



NICK GRIMM: Bishop Forsyth is the chair of the 'Religious Freedom Reference Group' within the church's conservative Sydney diocese.



He's just produced a report its synod, to be held next month.



Bishop Forsyth is personally opposed to gay marriage, but he says the church should respect the outcome of the Federal Government's proposed national plebiscite on the issue - provided there's an opt-out clause for those whose religious beliefs are incompatible with any change to marriage laws.



It's grounds for what he calls "justifiable discrimination" against gay and lesbian Australians.



ROBERT FORSYTH: I think the biggest concern that I have, is for a freedom of conscience for people who are not clergy, but are engaged in services that celebrate marriage. And I know that Tim Wilson, the human rights commissioner has done, I'm rather pleased to note, who is a great supporter I believe of same-sex marriage, has actually done some thinking about if the law was to be changed, how it might protect those consciences without being discriminatory.



NICK GRIMM: Because do you have any concern that a measure, if perhaps poorly framed, could also be used to discriminate against members of the community?



ROBERT FORSYTH: Yes, I mean, there is justified and unjustified discrimination. And what we need to make sure is, that we don't make this - that we don't make the only truth of this world is no one can discriminate ever, because if the law's badly framed then it will enable people to discriminate against others on the basis of their sexual orientation, which should be against the law.



NICK GRIMM: Bishop Forsyth's report also recommends that Anglican clergy should be able to cease acting as marriage celebrants if same-sex unions are legalised.



ROBERT FORSYTH: I think the discrimination that's justified is that if I do not believe that same-sex marriage is in my conscience that which is approved of by God, and I'm being asked by you to do some activity, make that cake, or conduct that service, something that is not in my conscientious beliefs, even if you think my conscientious beliefs are rubbish, I should not be compelled, it seems to me, under law, to break those conscientious beliefs. It's one of the balances of peoples' consciences and differences in a plural, multicultural society.



MICHAEL BRISSENDEN: The Bishop of South Sydney, Robert Forsyth, ending that report from Nick Grimm.