Conservative elements within Australia's Anglican Church want new laws giving devout Christians the right to discriminate against same-sex couples, as the Federal Government pushes ahead with plans to hold a national plebiscite on the issue of gay marriage.

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The synod of the Anglican Church's Sydney diocese will next month consider a report from a senior bishop which argues that wedding service providers should have the "religious freedom" to refuse to cater for gay couples.

While some believe that such laws would set a dangerous precedent, Australia's Human Rights Commissioner Tim Wilson argues the rights of both groups can be protected.

The Anglican Bishop of South Sydney Robert Forsyth heads up the Religious Freedom Reference Group within the church's conservative Sydney diocese.

He is personally opposed to gay marriage and wants any new laws to offer an opt-out for those opposed to extending the institution to gay people.

He calls it "justifiable discrimination".

"Some people accuse the church of raising this issue to stop same-sex marriage," he said.

"I understand why they might say that, but this is a genuine separate issue from whether or not you think same-sex marriage should be authorised or not."

Under current laws, Anglican clergy can already refuse to act as celebrants, but what is less clear is the position of wedding service providers like caterers, photographers and florists who may object to providing their services to gay customers.

In the United States, there have been high profile cases of businesses copping huge fines, such as Kentucky county clerk Kim Davis who was recently sent to jail recently for refusing to give gay marriages her blessing.

"If you hold conscientiously that the redefinition of marriage is wrong, and you are involved in the marriage business — you're a cake-maker, a photographer, a wedding provider — you're put in a very difficult situation if the law was changed," Bishop Forsyth said.

"You'd be effectively forced by the law to either pull out of your business, or even find yourself being sued for not conducting, for not engaging in such weddings."

Exemption could lead to further discrimination: Croome

The national director of Australian Marriage Equality, Rodney Croome, questions where Bishop Forsyth's "justifiable discrimination" scenario would end.

"I really think Bishop Forsyth is jumping at shadows here.

"This hasn't been a problem in almost all of the countries that have marriage equality.

"It's not a problem in New Zealand, it hasn't been a problem in Britain, in Canada, and there are only a couple of cases from the United States where wedding service providers have faced anti-discrimination action.

"So I really don't think this will be a problem in Australia, and I'd urge the church to get this in perspective."

Mr Croome believes any exemption from anti-discrimination law, be it broad-based or specific to same-sex couples, would be concerning.

"I'm very concerned that a broad-based exemption from anti-discrimination law that allows wedding service providers to turn away people who don't conform to their religious values could see partners turned away if they've previously been divorced.

"It could see Muslim couples turned away, it could lead to a whole range of discrimination, which I think the Australian people would find completely unacceptable in this day and age.

"I'm also concerned that if this exemption is a narrow one that's only focused on same-sex couples and only allows discrimination against those couples, then that will clearly be motivated by prejudice and it will reinforce prejudice against same-sex relationships."

Gay marriage and religious freedom can co-exist: Wilson

In November, the Human Rights Commissioner Tim Wilson will convene a roundtable to examine the issue of religious freedom as it pertains to the same-sex marriage legal framework.

He believes gay marriage and religious freedom can happily co-exist.

"The question is how you design the law, and whether you design the law being mindful and factoring in the religious freedom implications that can come as a consequence of allowing same sex couples to access civil marriage.

"And I think as a country like Australia, we can design a law that's more mindful of religious freedoms so we can have a solution that takes our whole country together."

Mr Wilson argues that people have a genuine right to act consistent with their conscience — within limits.

"So that's why it has to be part of a discussion of people being prepared to act consistently," he said.

"If they want to act consistent with their faith, they also have to act consistent with their faith.

"There's no sort of opportunity for discretion where they might serve some people and not others, simply because on that day they have a different attitude."