As the upper house voted on a bill that will ban vilification and intimidation against LGBTI people during the government's same-sex marriage survey, Labor Senate leader Penny Wong, who is gay, pointed out that although "sometimes prejudice comes in very polite forms" it still causes hurt.



In the same debate, senator Louise Pratt held back tears as she spoke about her "rainbow family" being handed an anti-marriage equality pamphlet at a shopping centre.

The government passed the emergency protections bill through the Senate on Wednesday morning with the support of Labor, the Greens and cross benchers. It will now go to the House of Representatives this week, where it is expected to pass.



The legislation will make it illegal to vilify, intimidate or threaten harm against people on the basis of them being LGBTI, having religious convictions, or for their views on the survey. The bill could see people in violation slapped with a $12,600 fine, and will cease at the end of the survey.

Acting special minister of state Mathias Cormann made a point of rejecting the argument that offensive and objectionable comments mostly come from the "no" campaign, saying it had been ugly on both sides for many years.

"This bill is not about protecting advocates or supporters of 'yes' side from those arguing in favour of the current definition of marriage," Cormann said.

"This is about ensuring this process is fair to both sides."

The survey has begun — with forms posted out yesterday — but the for and against campaigns cranked into gear weeks ago. Australians have already seen acrimonious arguments between "yes" and "no" campaigners play out in the media, as well as countless flyers and posters denigrating LGBTI people pop up in city streets and mailboxes.

Wong told the chamber a story about her Malaysian father, who came to Australia in the 1960s when the White Australia policy was in place, and who was invited to the homes of well-to-do, educated people in the eastern suburbs of Adelaide as a Colombo Plan scholar.

"He said, 'They were very polite to me and gave me cups of tea. But they didn't want me to take their daughter out'," Wong told the Senate.

"I'm often reminded of that in this debate. Sometimes prejudice comes in very polite forms. Sometimes a lack of acceptance and disrespect comes with a great deal of courtesy. But it lands nevertheless."

Wong said she was used to the debate, but the constant barrage of articles and comments saying her family is somehow less good than others was wearing even her down.

"If I feel like that, how do you think it feels for the children in same-sex couple families, or to LGBTI Australians everywhere, to be told, politely and courteously, 'Actually you're not quite normal. Your families aren't as good'."

She also slammed the "no" campaign for discussing everything but same-sex marriage itself: "They want to talk about a whole range of quite odd, bizarre and unconnected things because they don't actually want to say what they mean, which is: 'We don't think gay people should be equal'. That's actually what they think."