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Gay marriage set to pass Senate today after conservatives' fail to amend bill

DEBATE over Derryn Hinch’s rainbow scarf — and whether he should remove it — has hijacked more than 40 minutes this morning as the senate attempts to pass a bill to make gay marriage legal.

It comes after a lengthy filibuster by a Liberal senator which covered detention camps where gay people are put to death, parliamentary dress codes, free speech and whether Labor senators said the Lord’s Prayer.

Earlier today, it was expected the senate could pass the historic bill before Question Time at 2pm.

There are just three more amendments to deal with this morning before the bill can be passed after a series of changes put forward by conservative Liberal senators were knocked back last night.

But the delays over dresscodes have threatened to push the time frame out.

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Liberal senator Ian Macdonald raised the concerns initially in a speech that lasted 20 minutes.

Clear double-standard on dress codes had been made apparent when gay marriage backers were allowed to wear insignias to show their support in the chamber, he said.

“I know that’s against standing orders because I once wore a Hi-Vis shirt that said I support the coal industry,” he said.

“I was made, on a ruling by the president, to remove that Hi-Vis shirt.

“It seem to be, in this intolerant age that we living in, that there are one set of rules for some people, but a different set of rules for other people depending on their political philosphphy.

“That intolerance and the intolerance I saw in this debate in fact saddens me and makes me despair for the future of this once great country, a country that is renowned worldwide for its freedoms.”

His speech prompted a series of senators to argue for and against concerns about the scarf and rainbow badges worn in the chamber before Senator Hinch was eventually asked to remove the scarf.

“I think in the effort of progressing this debate, Senator Hinch can I kindly ask you to remove the scarf to enable this matter to progress,” Liberal senator Concetta Fierravanti-Wells said.

Senator Hinch refused.

Other senators were also allowed to continue wearing rainbow badges.

During his speech, Senator Macdonald also discussed whether senators could make judgments about other senators’ religious beliefs.

Australia was heading down a “very, very, very sad path” if they could not, he said.

“I’m not being judgmental in saying they don’t have a religion, a lot of my friends don’t have a religion,” he said.

He also spoke about Russian detention camps where gay people were “put to death” and their persecution in the Middle East while condemning the Greens for focusing on same-sex marriage while there were more serious LGBTIQ issues.

Labor senator Penny Wong and others expressed their frustration at the delay on social media and in the chamber.

“That’s all been very interesting ... but I for one think it’s a good thing if we get to vote on Senator Hanson’s amendment soon,” she told the Senate.

If the historic bill passes today, lower house MPs will then debate the bill on Monday.

Education Minister Simon Birmingham said this morning he expected lengthy debate and possibly some amendments when the bill went before the House of Representatives.

“But I believe quite possibly, by the end of next week, before Christmas, we will see same-sex marriage legalised in Australia,” he told reporters in Canberra.

Prime Minister Malcolm Turnbull has come under fire from Coalition backbenchers today however who have criticised his leadership over the same-sex marriage legislation.

Nationals MP Andrew Broad — who opposes same-sex marriage but will respect the “yes” view of his Victorian electorate — said Mr Turnbull should have hosted a meeting between the moderate MPs who drafted the bill and conservatives such as Eric Abetz and Andrew Hastie to come up with a piece of Coalition legislation.

“I think, in my view, there’s been a complete lack of leadership,” Mr Broad told ABC radio.

“All assurances both by the Prime Minister and the Opposition Leader that religious freedoms would be protected, that they believed in those, seemed to be walked away from in what I think is a rather sneaky way,” he said.

Minister Birmingham rejected the criticism today while condemning those MPs trying to derail the bill.

He said Mr Turnbull had showed strong leadership by rejecting any attempts to delay the bill passing before Christmas.

“Let’s be very clear about this, there are strong religious protections in the bill passing through the Parliament as it is,” Senator Birmingham said.

“People will still be able to turn up to their place of worship as they choose once same-sex marriage is legislated.

“They’ll be able to believe in whatever God they want to believe in.

“Their church, synagogue or mosque will be able to turn away same-sex marriage couples.

“Their minister will be able to say, ‘I don’t want anything to do with your marriage’.

“These are strong protections.”

Three more amendments — put forward separately by the Greens, One Nation, and crossbench senator David Leyonhjelm — will be considered in the senate today.

It’s expected they will be dealt with before Question Time.

One Nation’s amendments cover marriage celebrants, as do Senator Leyonhjelm’s.

He also wants to give businesses the right to refuse to service same-sex weddings.

The Greens amendments, set to be opposed by Labor, include a provision to ensure state and territory anti-discrimination laws will be limited, as well as make it harder for civil celebrants to refuse to marry same-sex couples.

On Tuesday, the upper house blocked a move to create two definitions of marriage — one between a man and a woman and the other as between two people.

That was included in one of five amendments proposed by conservative Liberal senators James Paterson and David Fawcett, which were comfortably defeated.

Other measures they proposed sought to:

* Allow parents to pull their children from classes if they don’t agree with their teachings on marriage

* Protect “relevant beliefs” around marriage

* Prevent governments and agencies from taking action against people with a traditional view of marriage.

* Allow chaplains and authorised officers in the defence force to refuse to marry same-sex couples.

Senators Paterson and Fawcett also tried to ensure charities retain their existing tax and government funding status even if they oppose same-sex marriage.

But the bill’s author, Liberal Senator Dean Smith, tabled advice from the Australian Taxation Office and charities commissioner which said those fears were baseless.

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