Wikipedia

Australian Marriage Law Postal Survey

TheAustralian Marriage Law Postal Surveywas a national survey by theAustralian Governmentdesigned to gauge support for legalisingsame-sex marriage in Australia.The survey was held via thepostal servicebetween 12 September and 7 November 2017. Unlikevoting in electionsandreferendums,which iscompulsoryin Australia, responding to the survey was voluntary.

Australian Marriage Law Postal Survey
Results
Choice
 Votes %
Yes 7,817,247 61.60%
No 4,873,987 38.40%
Valid votes 12,691,234 99.71%
Invalid or blank votes 36,686 0.29%
Total votes 12,727,920 100.00%
Registered voters/turnout 16,006,180 79.52%
Results by electorates and states/territories
Australian Marriage Law Postal Survey
Duration12 September – 7 November 2017(2017-09-12–2017-11-07)
LocationAustralia
TypeSurvey
Budget$122 million ($80.5 million used)[1]
Organised byAustralian Bureau of Statistics
ParticipantsAdults on the electoral roll
OutcomeAustralian national electorate votes to support same-sex marriage
Websiteabs.gov.au/marriagesurvey

The results of the survey were published on 15 November 2017. The survey returned 7,817,247 (61.6%) "Yes" responses and 4,873,987 (38.4%) "No" responses. An additional 36,686 (0.3%) responses were unclear and the total turnout was 12,727,920 (79.5%).[2]

A survey form, instructions, and a reply-paid envelope were mailed out by theAustralian Bureau of Statistics(ABS) to every person on the federalelectoral roll,asking the question "Should the law be changed to allow same-sex couples to marry?" The ABS established processes to ensure eligible Australians lacking access to post could participate.[3]

Prior to the survey, theLiberal–National Coalition governmentpledged to facilitate aprivate member's billtolegalise same-sex marriagein theParliamentin the event of a "Yes" outcome. Had the survey returned a majority "No" result, the government said it would not allow a parliamentary debate or vote on legalising same-sex marriage.

TheMarriage Amendment (Definition and Religious Freedoms) Act 2017,which legalised same-sex marriage, was debated in and passed by Parliament following publication of the survey results.[4]The Coalition government allowed its parliamentarians aconscience voteon the legislation. The oppositionAustralian Labor Partysupported the legislation, but exceptionally, also granted its parliamentarians a conscience vote.

Many same-sex marriage proponents were critical of the postal survey, viewing it as a costly delaying tactic and an unnecessary hurdle to a conscience vote on same-sex marriage in theparliament.[5]The survey was subject to two legal challenges questioning the authority of the ABS to conduct the survey and the government's right to fund the cost of the survey from funds designated by law for "urgent" and "unforeseen" circumstances. Both legal challenges failed and theHigh Court of Australiafound that the survey was lawful.

Background

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History

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See also:History of same-sex marriage in Australia

Marriage in Australiais the constitutional province of the federal parliament. Its original legal definition was established bycommon lawas "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."[6]This definition wascodifiedby theMarriage Amendment Act 2004,which inserted it verbatim into theMarriage Act 1961.[7]

At the time of the survey,same-sex unions in Australiawere treated asde factounions under federal law. These unions provide couples with most, though not all, of the legal rights of marriage, although those rights may be difficult to assert and are not always recognised in practice.[8][9]Aside from the legal aspects, de facto relationships do not have the same symbolic significance as marriage.[10]Before theJuly 2016 federal election,theMalcolm Turnbull-ledCoalitiongovernmentpromised to hold a national vote on same-sex marriage in the form of a compulsory attendanceplebiscite.[11]Opposition to this idea centred on its criticism as an expensive delaying tactic and that it was the duty of the parliament, rather than a matter related to theAustralian Constitution.[12]

While the Coalition won 76 of the 150 seats in the lower house in the 2016 election and managed to form amajority governmentby one seat, they failed to pass the necessary legislation for a (compulsory attendance) referendum/plebiscite. The legislation passed theHouse of Representativeson 20 October 2016 by a vote of 76–67, but was rejected by theSenateon 7 November 2016 by a vote of 33–29.[13][14]The idea of a postal plebiscite was originally proposed by LiberalMPWarren Entschand later endorsed by government ministersPeter DuttonandMathias Cormann.[15]Dutton pointed out that a postal vote would not need legislation to operate.[16]A staffer of Attorney-GeneralGeorge Brandiscame up with the idea of a survey as an alternative way to fulfil the government's commitment in mid-July.[17]In August 2017, following an attempt by five Liberal Party MPs to change party policy and have afree votein the parliament on same-sex marriage legislation,[18]the government announced it would move for a voluntary postal survey to be held later that year.[19]It stated that the postal vote would only occur in the event the government's (compulsory) referendum/plebiscite legislation was again rejected by the Senate. That occurred on 9 August 2017, when a government-initiated motion in the Senate to debate thePlebiscite (Same-Sex Marriage) Bill 2016was tied at 31–31; resulting in the motion being defeated.[20]

Following the result in the Senate, the government directed theAustralian Statistician(head of theAustralian Bureau of Statistics) to begin the process of surveying the views on same-sex marriage of all Australians on the electoral roll.[21]The government asserted that this proposal did not require legislative approval from the parliament, arguing that the provisions of theAppropriations Actand the law governing the Australian Bureau of Statistics (ABS) enabled it to use the ABS for such a purpose.[22]This was argued by the government to be similar to the process by whichGod Save the Queenwas replaced byAdvance Australia Fairas the Australian national anthem.[23]The government announced the ABS would be assisted by having staff seconded from theAustralian Electoral Commission(AEC), the organisation responsible forelections in Australiaand managing theelectoral roll.[24]The cost of the survey to the Australian taxpayer was forecast to be $122 million, however the total amount spent ended up being $80.5 million.[1][19]This expense, as well as the notion that the debate would activate ideological extremists and that normal electoral rules would not apply, were criticised in Parliament.[25]By 7 September, the date thehigh court challenges against the survey were heard,a total of $14.1 million had already been spent by the ABS on the postal survey – $8 million on advertising for the survey, $5.3 million on printing costs, and $600,000 for staff.[26]

The AEC reported that about 68,000 enrolment transactions were completed on 10 August, compared with an average of 4,000 per day.[27]In the period 8–14 August over 16,000 people had enrolled, and over 200,000 had updated their details.[28]By 20 August, over 36,000 had enrolled, and over 434,000 had updated their enrolment details.[29]By 22 August, over 54,000 had enrolled.[30]By 25 August the roll achieved a record high with over 16 million Australians on the roll (an additional 90,000 people had joined with a further 165,000 transactions still to be processed).[31]65,000 of these new voters are between the ages of 18 and 24.[32]With 933,592 enrolment transactions completed by the AEC at the end of processing, more than 98,000 people were added to the roll, and the total number of Australians eligible to participate in the survey was 16,005,998.[33]However, after the results of the survey were released, the ABS revealed that in fact 16,006,180 surveys were mailed out to eligible Australians.[34]

The Senate Finance and Public Administration References Committee opened a Public Inquiry into the arrangements around the postal survey on 14 August[35]with a submission made and evidence given by the ABS at hearings on 17 August. Further hearings involving the ABS, AEC, Australia Post, Department of Finance and Department of Human Services occurred on 7 September and 15 September 2017. The committee handed down the final report on 13 February 2018. The report recommended that the survey process should not be used again for matters of human rights, encouraged the government to further fund mental health and LGBTIQ organisations to mitigate the impact of the postal survey, and recommended that theAustralian Electoral Commissionincrease its voter registration and education efforts in remote communities and work with Indigenous peak bodies to achieve greater participation.[36][35]

Key dates

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Key dates relating to the survey were:[37][38]

  • 24 August 2017: The final day for citizens to update or add their name and details to theelectoral rollto receive a survey form
  • 12 September 2017: Survey forms began to be mailed out to all Australian voters over a two-week period
  • 25 September 2017: The date all survey forms were expected to have arrived, and eligible Australians could commence ordering replacement materials (for those lost or spoilt). The paperless options (online form andIVRtelephony survey option) opened.
  • 20 October 2017 (6pm local time): Requests for replacement material closed
  • 27 October 2017: The date all eligible Australians were strongly encouraged to return their form by
  • 7 November 2017 (6pm local time): Responses received after this date were not processed
  • 15 November 2017 (10am AEDT): Statistics, and quality and integrity report released to the public

The results of the survey (including participation rates) were released at a national level, at astate and territorylevel and at anelectoratelevel.[3]

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Main article:Wilkie v Commonwealth

Two legal challenges were lodged contesting the legality of the survey with theHigh Court of Australia,both on the grounds of unlawful funding from legally-specified funds and unlawful operation by the ABS. The first was by same-sex marriage advocates Shelley Argent (national spokeswoman ofParents and Friends of Lesbians and Gays) and Felicity Marlowe (member of Rainbow Families), along withindependentMPAndrew Wilkie.They announced they would challenge the postal survey in the High Court on 9 August 2017 and seek a temporary injunction.[39][40]The second challenge was byAustralian Marriage EqualityandGreensSenatorJanet Rice.[41][42]

An additional complaint was lodged by a 17-year-old boy with theAustralian Human Rights Commissionin August 2017, on the basis that the rules did not allow provisionally enrolled 16- and 17-year-old Australians the right to participate in the survey.[43][44]The complaint could have led to a federal court case to argue for the right of about 50,000 Australians aged 16 and 17 on the electoral roll to vote, however the boy dropped his complaint on 22 September, after aGreensamendment to theMarriage Law Survey (Additional Safeguards) Act 2017was rejected by theParliamentearlier in the month.[45]Legal counsel to the boy advised that the rejected amendment would make the age discrimination complaint much more difficult to argue, because parliament had considered and rejected extending the vote to enrolled 16- and 17-year-olds.[45]

High Court ruling

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The High Court pronounced its orders in both cases on 7 September 2017. The court determined that the survey was lawful, allowing it to proceed as scheduled.[46][47]The challengers were ordered to pay costs.[48]The High Court handed down its unanimous reasons on 28 September 2017, finding that $295 million had been appropriated by parliament, and that whether the expenditure was unforeseen was a matter for the Minister's satisfaction and there was no error of law in either his reasoning or his conclusion. The information to be collected was "statistical information" of matters prescribed in theCensus and Statistics Regulation2016 (Cth). As the court had considered and rejected the grounds of the application, there was no need to decide whether the plaintiffs had standing.[49][50]

Survey process

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The survey was conducted on a voluntary basis, with no requirement on the part of the eligible Australian to mail back the survey form. This led to concerns over a potentially low voter turnout/response rate and the prospect ofIndigenous Australiansin remote communities being unable to complete a survey.[51][52]Concern had been expressed regarding: electors whose addresses were not visible on the electoral roll (known as silent electors);[53]disenfranchisementin remote communities;[54]Australians overseas;[55]prisoners;[56]non-English speakers;[57]and young people.[58][59]Early criticism was also levelled at issues of privacy, with the recentcensus problems of 2016being cited.[60]The ABS advised that survey responses would be anonymous and protected under the secrecy provisions of the Census and Statistics Act 1905.[61]Prior to the survey commencing, former Privacy Commissioner Malcolm Crompton independently reviewed the ABS's privacy approaches and mitigations and announced he was suitably satisfied.[62]The ABS also worked to address concerns with special strategies like paperless options (telephony and online form) and form drop off and pick up points in remote and capital city locations.[63]Additionally, the bureau noted that Australians could also authorise a "trusted person" to complete the survey on their behalf.[3]While any person could be appointed a "trusted person", theChief Minister of the ACT,Andrew Barroffered to fulfil the role for any citizen.[64][65]Auditors and an external observer process were established to assure the integrity of the process, though the observers are subject to a lifetimeconfidentiality agreement.[66]A quality and integrity report was published by the ABS alongside the release of the survey results.[3]During the survey period, online sellers were contacted by the ABS asking them to remove ads by people offering to sell their postal survey or answer. The ABS advised that such an action would likely constitute an offence under the Census and Statistics Act 1905, the Commonwealth Criminal Code and the survey safeguards legislation passed by Parliament.[67][68]TheDigital Transformation Agencyassisted the ABS with the paperless options for the survey, though due to the compressed timescale of the survey, concerns were anonymously raised by staff that the normal processes were not completed, such as sufficientuser testing.[69]AWSwas brought in on a tender process to assist in the security measures for the online survey.[70]A telephone information hotline was established, and received 206,828 calls between 14 August 2017 and 7 November 2017.[71]

Unlikeelections or referendums,there were no automatic special regulations relating to advertising requirements or prohibited content for the survey of the kind found in theElectoral Act.[72]Consequently, the Government and Opposition engaged in negotiations to introduce legislation designed to replicate these types of regulations, as well as create measures to prevent vilification, intimidation, or threats to cause harm on the basis of the sexual orientation, gender identity, intersex status or the religious convictions of someone during the survey period.[73]On 13 September, the government introduced theMarriage Law Survey (Additional Safeguards) Bill 2017for these purposes in theSenate.[74]The bill passed the Senate, after an amendment moved byGreensleaderRichard Di Nataleto allow 16- and 17-year-olds the right to participate in the survey was defeated. The bill immediately proceeded to and was passed by theHouse of Representatives.[74]The bill receivedroyal assenton 13 September and went into effect the following day.[74][75]The Act's provisions automatically expired on 15 November 2017.[75]Neither the "Yes" or "No" campaign received public funding in the survey, as was envisioned for a compulsory attendance plebiscite.[76]Prime Minister Turnbull also ruled out a ban on foreign donations for the survey.[77]

All Australians whose names are on theelectoral rollor had applied to be put on the roll before 24 August 2017 were mailed a survey form and enrolled Australians living overseas along with those in certain special categories were entitled to complete a survey using paperless methods.[78][79]The AEC made a statement that provisionally-enrolled 16- and 17-year-olds would not be posted a survey form[80]and an amended direction was later issued by the Government to the Australian Statistician making this clear.[81]This direction was subject to a Human Rights Commission complaint by a 17-year-old boy, which was later withdrawn.[82][45]

More than 16 million letters were sent from 12 September over almost two weeks (with all delivered by 25 September) and silent electors' packages were sent by the AEC and delivered by the end of September.[83][84]After several "Yes" respondents posted images of their complete forms on social media, the ABS cautioned participants to not photograph their form barcodes, so as to prevent any fraudulent conduct. Additionally, survey forms could be invalidated in the event the question was rephrased by the participant or the barcode was obscured or removed.[85]The ABS issued several examples of what constituted a valid and invalid response (such as marking both boxes "Yes" and "No" or crossing out one of the words on the form).[86]The ABS advised Australians who received extra survey forms, addressed to the previous occupant who failed to update their electoral details, to write on the front of the envelope "return to sender" and send it back.[87]In Australia, it is illegal to open mail addressed to another person.[88]In the rare instance of multiple responses being received from an individual, the ABS noted that only the last valid response could expect to be counted.[89]On 25 September, the ABS confirmed that all survey forms had been mailed to eligible voters and outlined the process for additional forms to be sent to people who did not receive, lost or spoilt their form.[90]The ABS also confirmed that a change of mind was not a valid reason for requesting a new form.[91]Both the "Yes" and "No" campaigns provided 60 observers to the ABS counting process,[92]who examined 606,991 survey results. Fewer than 500 survey forms were reported as issues to the ABS during the survey.[93]

Weekly estimate of responses

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On 28 September, the ABS announced that it would release weekly national estimates of the total number of survey responses received, beginning from 3 October 2017 and ending 7 November. The primary input to the first three weekly estimates, issued at the National level only, wasAustralia Post's assessment of the number of containers of sorted envelopes rather than counts of individual forms. Adjustments were made based on factors such as responses received through other channels and an allowance for forms that are damaged or invalid. From the fourth estimate, released on 24 October 2017, the ABS changed the estimation method to use the counts of processed forms. This led to an increase in estimated turnout to 74.5% of the population, up 7.0% on the previous week, despite only 300,000 new responses, or 1.9% of the total, being received during that timeframe.[94]

Week[95] Estimated responses Estimated rate of response
3 October 9,200,000 57.5%
10 October 10,000,000 62.5%
17 October 10,800,000 67.5%
24 October 11,900,000 74.5%
31 October 12,300,000 77.0%
7 November 12,600,000 78.5%

Question

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Sample image of the survey form

The survey form asked respondents: "Should the law be changed to allow same-sex couples to marry?". The survey offered two one-word responses: "yes" or "no".[3]

Legislation proposed

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The government did not release a draft bill legalising same-sex marriage prior to the survey, which led to uncertainty over what form legislation would take in the event of a "Yes" verdict.[96]The wording of an exposure draft of a same-sex marriage bill from early 2017, released by theAttorney-General's office,proposed to amend the definition of "marriage" and replace the terms "man" and "woman" with the gender neutral phrase "two people".[97]The proposed wording "two people"[98]differed from the wording of the survey question, which referred explicitly to "same-sex couples".[99][100]

LiberalSenatorDean Smith,who drafted a same-sex marriage bill in August 2017, argued his bill struck a "fair balance" in protecting the rights of same-sex couples and the religious freedoms ofcelebrants.[101]The bill allows current civil celebrants to become religious celebrants and refuse to perform same sex marriages, and incorporates parts of theSex Discrimination Act,to allow religious organisations to refuse their services for same-sex marriages.[102]Smith's bill was formally backed by the Labor Party parliamentary caucus on 17 October 2017.[103]However, conservative MPs in the government responded by suggesting up to 100 amendments to the bill may be needed if the "Yes" vote carried.[101]

A rival bill was released on 13 November by Liberal SenatorJames Paterson,a conservative supporter of same-sex marriage.[104]The bill contained various protections allowing the refusal of same-sex weddings by anyone who holds a religious or "conscientious belief" against same-sex marriage, including private service providers such as florists and bakers.[105][106]Prime Minister Turnbull reacted negatively to Paterson's bill, saying the government "would not countenance" supporting a bill which discriminated against same-sex weddings and that the bill would have "virtually no prospect of getting through the Parliament".[107]It was dropped by Senator Paterson within hours of the "Yes" vote being released.[108]

Support and opposition

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Main article:Endorsements in the Australian Marriage Law Postal Survey

Party positions in a parliamentary vote

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Each of the political parties represented in the Australian Parliament held formalised positions on same-sex marriage and on the merits of the survey. TheAustralian Labor Partyformally supported the legalisation of same-sex marriage, though offered its MPs aconscience voteon same-sex marriage legislation until 2019.[109]TheLiberal Partypledged to hold a national vote of some kind before any change to the law, though the party had no official position on the survey question, hence MPs (including Cabinet members) were to free to campaign for either side.[110][111]All politicians were entitled to use their electoral printing and communications budgets in the campaign.[112]

Position Political parties Ref
Yes Labor* [113]
Greens [114]
Xenophon Team [115]
Liberal Democrats [116]
Hinch's Justice [117]
No National [110]
Conservatives [118]
Katter's Australia [119]
Subject to public vote Liberal [110]
One Nation* [120]
Lambie Network [121]
*Conscience voteallowed for MPs.

"Yes" campaign

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A "Yes" campaign rally in Melbourne in August 2017.

The campaign for supporting voting in favour of same-sex marriage in the survey received support from Labor,[122]the Liberals for yes campaign,[123]and four minor political parties represented in the Federal parliament, and from prominent lobby groups includingAustralian Marriage EqualityandGetUp!.[124][125]

"No" campaign

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The campaign advocating voting against changing the marriage laws in the survey was supported by the Nationals[110]and three minor parties represented in the Federal parliament. Several groups opposed to same-sex marriage, including theAustralian Christian Lobbyand theMarriage Alliance,formed theCoalition for Marriageto co-ordinate the "No" campaign.[126][127][128]

Neutral

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TheLiberal Party of Australiadid not hold a position either way in the survey.[110]

Public opinion

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Main article:Public opinion of same-sex marriage in Australia

Opinion polls in Australia over several years in the lead-up to the survey indicated a comfortable majority of Australians supported same-sex marriage.[129][130][131][132]AGuardianEssential pollconducted just prior to the announcement of the postal survey indicated that 43% approved of a postal vote and 38% disapproved,[133]whereas a week later, 39% approved of the postal survey and 47% disapproved of it.[134]A small boycott movement existed, although most same sex marriage campaigners who were against a national vote on same-sex marriage urged participation in the postal survey.[135]Some informal responses to the survey were intended as a protest vote.[136]

Voting intentions

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Date Firm Yes No Undecided Sample size Notes
9–12 November 2017 Newspoll[137] 63% 37% – 1,625 [N 1]
3–6 November 2017 Essential[138][139] 64% 31% 5% 1,792 [N 1]
26–30 October 2017 Galaxy Research[140][141] 66% 34% — 1,000 [N 1]
26–29 October 2017 EMRS[142] 64% 28% — 1,000
26–29 October 2017 Newspoll[143][144] 62% 35% 3% 1,623 [N 1]
59% 35% 6% [N 2]
12–22 October 2017 Essential[145][146] 60% 34% 5% 1,859 [N 1]
39% 33% 28% [N 3]
12–16 October 2017 YouGov[147][148] 61% 35% 3% 1,067 [N 1]
54% 28% 18% [N 3]
12–15 October 2017 Newspoll[149] 56% 37% 7% 1,583
6–8 October 2017 Roy Morgan Research[150] 61.5% 17.5% — 1,554 [N 4]
2 October 2017 ReachTEL[151][152] 70.3% 21.1% — 4,888 [N 5]
28 September – 1 October 2017 Essential[153][154] 64% 30% 6% 1,841 [N 1]
50% 36% 14% [N 3]
22–25 September 2017 Essential[155][156] 58% 33% 9% 1,803
21–24 September 2017 Newspoll[157] 57% 34% 9% 1,695
15–18 September 2017 Essential[158][159] 55% 34% 11% 1,808
14–18 September 2017 YouGov[160][161] 59% 33% 9% 1,056
6–9 September 2017 Ipsos[162] 70% — — 1,400
28 August – 6 September 2017 Newgate Research[163] 58.4% 31.4% 10.2% 800
1–4 September 2017 Essential[164][165] 59% 31% 11% 1,784
17–22 August 2017 Essential[166][167] 57% 32% 11% 1,817
17–21 August 2017 YouGov[168][169] 59% 33% 8% 1,012
17–20 August 2017 Newspoll[170][171] 63% 30% 7% 1,675

Likelihood of voting in the survey

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Date Firm Voted already Definitely will Probably will Probably won't Definitely won't Undecided Sample size Notes
9–12 November 2017 Newspoll[137] 79% — — — — — 1,625 [N 6]
3–6 November 2017 Essential[138][139] 86% — — — — — 1,792 [N 7]
26–29 October 2017 Newspoll[143] 76% 10% 5% 2% 2% 3% 1,623
12–22 October 2017 Essential[145][146] 75% 8% 4% 3% 3% 4% 1,859
12–16 October 2017 YouGov[147][148] 67% 13% 7% 3% 6% 5% 1,067
12–15 October 2017 Newspoll[149] 65% 19% 6% 2% 3% 5% 1,583
2 October 2017 ReachTEL[151] 79% — — — — — 4,888
2 October 2017 Newgate Research[172] 77% — — — — — —
28 September – 1 October 2017 Essential[153][154] 47% 33% 6% 3% 3% 5% 1,841
22–25 September 2017 Essential[155][156] 36% 45% 8% 1% 2% 5% 1,803
21–24 September 2017 Newspoll[157] 15% 67% 7% 2% 2% 7% 1,695 [N 8]
15–18 September 2017 Essential[158][159] 9% 62% 12% 2% 3% 8% 1,808
6–9 September 2017 Ipsos[162] – 65% — — — — 1,400
1–4 September 2017 Essential[164][165] – 62% 16% 4% 3% 10% 1,784
23 August 2017 ReachTEL[173] – 78.7% 10% 4.1% 7.2% – 2,382 [N 9]
17–22 August 2017 Essential[166] – 63% 18% 4% 6% 9% 1,817
17–21 August 2017 YouGov[168] – 56% 17% — — — 1,012
17–20 August 2017 Newspoll[170] – 67% 15% 4% 3% 11% 1,675 [N 10]

Activities during the campaign

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Advocacy by territory and local governments

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A Canberra bus with rainbowwrap advertisingas support from the ACT Government for the city's LGBTIQ community during the survey period.[174]
Sydney Town Hallilluminated inpridecolours and flying a rainbow flag in support of the "Yes" vote.

TheGovernment of the Australian Capital Territoryand several local governments such as theCity of Sydneytook official positions supporting the "Yes" campaign.[175][176]Public servants in the ACT were warned against campaigning in the survey while in official uniform.[177][178]The move to offer official support was criticised by the Liberal Party opposition in the ACT, and similar criticisms lead to theCity of Darebinbacking down on plans to restrict "No" campaigners from using council facilities.[179][180]

Debate over freedom of religion

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Several figures and institutions supporting a "No" vote raised the issue ofreligious freedomduring the survey period. Former Prime MinisterJohn Howardrejected the assurances of Prime MinisterMalcolm Turnbulland requested that the government explicitly detail proposed religious freedom provisions to potentially be included in same-sex marriage legislation.[181][182][183]Likewise several leaders in theCatholic Churchraised freedom of religion concerns, citing the case of aTasmanianarchbishop,who was requested to appear at an anti-discrimination commission after having disseminated material supporting a Christian view of marriage.[184]The veracity of the concerns over religious freedom was disputed heavily in the community. Some groups, such as theNational Catholic Education Commissionsaid they were unsure if Catholic schools could continue to teach the Catholic view of marriage in the event same-sex marriage was legalised, howeveracademicsMarion MaddoxandCarol Johnsonchallenged this by arguing that religious organisations would continue to be able to access exemptions from anti-discrimination laws and, consequently, remain free to refuse same-sex marriage if it is eventually introduced.[185][186]The divisions extended to the governingLiberal Party,whose president rejected claims that religious freedom could be under threat, in direct contradiction to the party's vice-president, who said that same-sex marriage would have consequences forfreedom of speech,religion andassociation.[187][188]

Both Prime Minister Turnbull andBill Shorten,leader of theOpposition,spoke in favour of religious freedom protections, with Turnbull stating he was an even "stronger believer" infreedom of religionthan same-sex marriage.[189]Shorten said theLabor Partywould "make sure that concerns about religious freedom are met with and dealt with and are treated with respect".[190]The prospect of additional religious freedom exemptions being added to existing Australiananti-discrimination lawtroubled some "Yes" advocates, who feared such provisions could allow service providers to discriminate on any basis, not just limited to couples' sex. Tiernan Brady described the campaign for religious freedom exemptions as "a blatant attempt to unravel existing anti-discrimination laws which serve everyone in Australia well, not just LGBTI people".[191]

In response to aNewspollquestion on the subject; "Do you think parliament should provide guarantees in law for freedom of conscience, belief and religion if it legislates for same-sex marriage?", 62% responded Yes, 18% responded No and 20% said they were "uncommitted".[170]A poll conducted by Galaxy later in the survey found 78% of respondents said Yes in response to the question; "If the majority vote 'yes' in the postal survey, should same-sex couples be treated the same under the law compared with other couples?"[192]

Aninquiry into religious freedoms,headed byPhilip Ruddock,was announced in November 2017. This has been interpreted as a way to allow the speedy passage of the Dean Smith bill and postpone discussions of religious freedom.[193]It completed a report on 18 May 2018,[194]which was not publicly released until 13 December 2018,[195]although the recommendations were leaked toFairfax Mediain October 2018.[196]The government responded by proposing a religious discrimination act.[195]

Advertising and media

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A shop wall inRedfern, New South Wales,with the signage "Yes" painted in the colours of the LGBT flag, designed to demonstrate the support for the survey.

Advertising by both sides was extensive for much of the survey period. The first television ad for the "No" campaign, revealed shortly after the campaign began, featured three women and focused on theSafe Schoolseducation program.[197]The "Yes" campaign promptly aired a rebuttal by Dr.Kerryn Phelps.[198]A "No" supporter funded the skywritten message "Vote No" over Sydney in September, which was defended by Turnbull as an expression of free speech.[199] In Melbourne, a giant "NO" waswrittenin the sky in response to the survey.[200]

Subsequent "Yes" ads focused heavily on a concerted "get out the vote"effort, and featured high-profile figures such asIan Thorpeand others posting their surveys, as well as a themed ad screened during the finale of popular television showThe Bachelor.[201][202]The "Yes" campaign were also responsible for a widespread SMS message to many Australian mobile phones which lead to some complaints over how people's numbers were obtained, however the campaign advised the numbers were generated through random dialling technology previously used in elections.[203]

Both of the "No" campaign's next most prominent advertisements concentrated mostly on the notion ofgender theoryin school curriculum, one such ad focusing on the bookThe Gender Fairyand featuring two of the mothers from the original advertisement.[204][205]The other advertisement included archive footage of one of the founders of the Safe Schools program and included material alleged to have been available for viewing byyear sevenstudents which was subsequently deemed inappropriate for unrestricted viewing by theAustralian Commercial Television Code of Practice.[206][207]As of mid-September, prominent "No" campaigner Lyle Shelton was mentioned across news outlets more times than the leading three "Yes" campaigners, Alex Greenwich, Tiernan Brady andSally Rugg,combined.[208]

Rainbow flag-patterned stickers on mail boxes asking for no anti-equality or hate mail. Similar stickers were promoted as a way to show support for same-sex marriage and reduce the amount of unwanted materials received.[209]

Legislation in effect for the duration of the survey made it illegal to vilify, intimidate, threaten or harm "on the basis of sexual orientation, gender identity, intersex status or religion", with a fine of up to $12,600 for breaches.[210]Furthermore, all campaign material was required to be properly authorised.[211]By 26 September, marketing services groupEbiquityestimated that the lead "No" group (Coalition for Marriage) had spent about $3,975,872 on advertising, a figure higher than their estimate for the two lead "Yes" groups (Australian Marriage Equalityand the Equality Campaign), about $2,920,740.[212]Two donations of note were made in the course of the survey; $1 million was personally donated byQantasCEOAlan Joyceto the "Yes" campaign, and $1 million was donated by theAnglican Diocese of Sydneyto the "No" campaign.[213][214]Former Prime MinisterTony Abbottsaid in November that the "No" campaign had 20,000 donors who donated around $6 million to the campaign.[215]

At the2017 NRL Grand Final,American rapperMacklemorewas booked to perform several songs, including "Same Love".[216]The song topped theAustralian chartsin 2013,and was regarded as an anthem for same-sex marriage advocates duringthe campaignin Macklemore's home state ofWashington.In the days leading up to the grand final, the single returned to the top of the AustralianiTunescharts.[217]Several prominent conservative politicians voiced strong opposition to the scheduled performance of "Same Love", given its high-profile support for the "Yes" campaign during the voting period of the Australian Marriage Law Postal Survey.[218][219]Macklemore acknowledged the controversy several days before the final, but vowed to "go harder" as a result.[220]

A nationwide study of lesbian, gay, and bisexual mental health found that increased exposure to negative, anti-LGBT media messages during the postal survey was related to increased levels of depressions, anxiety, and stress.[221]

Discussion of impact on children

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The rights and welfare of children, particularly as it related tosame-sex parenting,was occasionally discussed publicly through the survey. Organisations such as theAustralian Catholic Bishops' Conference,thePresbyterian Church of Australiaand theAustralian National Imams Councilall advocated strongly fornuclear familystructures during the survey.[184][222][223]Afact checkarticle published inThe Conversation,which was based on a review of the literature on outcomes for children of same-sex parents, showed equal or better outcomes for children raised by parents of the same gender.[224]Likewise, a review published late in the survey period by theMedical Journal of Australiaagreed withThe Conversation'sfindings, but noted that the effects of being exposed to stigma and discrimination could lead to poorer public health outcomes for the children in same-sex parented families.[225]

Counselling for those impacted and mental health

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A number ofhelplines,counselling services andmental healthstrategies were made available toLGBTIQpeople by several organisations, including theAustralian Broadcasting Corporation.[226]Similar services were available forDefence,[227]Victorian local councils[228]and health services such as Alfred Health.[229]State governments inWestern Australia,VictoriaandQueenslandall allocated additional funds, ranging from $60,000 to $500,000, to LGBTIQ mental health services.[230][231][232]

Other groups, such asSlater and Gordon,theAustralian Psychological SocietyandMinus 18unveiled material and mechanisms designed to offer support and relief for those affected by the debate, such as parents of young children and LGBTIQ teenagers who experienced difficulties dealing with the public discussion.[233][234][235]

The survey period was associated with increases in the number of LGBTIQ people requesting assistance for mental health issues.Reach Out Australia,which lead the pro-same-sex marriage campaign by five mental health services, reported increases (variously at) 20,[236]30[237]and 40[238][239]per cent in clients during the survey period and crisis support serviceLifelinenoted a spike in calls about the impact of the survey.[240]Mental health surveys conducted during this period showed that increased exposure to the 'no' campaign was related to increased levels of depression, anxiety, and stress among same-sex attracted Australians.[221]Shorten wrote to Turnbull about increasing the funding for mental health services during the survey from the federal budget, but did not receive a response.[241]

Vandalism and abuse

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The survey was accompanied by a variety of acts of vandalism and abuse by both parties. In September, a banner reading "Burn Churches, Not Queers" was unfurled at a Coalition for Marriage meeting,[242]and in October several churches in Victoria and New South Wales were graffitied with messages criticising "No" voters.[243][244][245]Similarly, a passenger train on theSydney Trainsnetwork was vandalised with messages encouraging "No" votes, including foul language and the Naziswastika.[246]The ABC created a digital news service designed to track incidents of violence and abuse throughout the survey, with both "Yes" and "No" voters/organisations being targeted on occasions.[247]

Result

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National result

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Australian Marriage Law Postal Survey[2]
Choice Votes %
Yes 7,817,247 61.60
No 4,873,987 38.40
Valid votes 12,691,234 99.71
Invalid or blank votes 36,686 0.29
Total votes 12,727,920 100.00
Registered voters/turnout 16,006,180 79.52
National survey results (excluding invalid votes)
Yes
7,817,247 (61.6%) 		No
4,873,987 (38.4%)
▲
50%

State and territory breakdown

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TheAustralian Capital Territoryrecorded the strongest "Yes" vote at 74% whileNew South Waleshad the lowest level of support at 57.8%.[248]All other jurisdictions had above 60% support, with Victoria the leading state on 64.9% support.[248]

Breakdown of voting by state and territory[2]
State/Territory Yes No Invalid Participation
rate (%)
Votes % Votes %
New South Wales 2,374,362 57.8 1,736,838 42.2 11,036 79.5
Victoria 2,145,629 64.9 1,161,098 35.1 11,028 81.7
Queensland 1,487,060 60.7 961,015 39.3 7,088 77.9
Western Australia 801,575 63.7 455,924 36.3 3,188 78.4
South Australia 592,528 62.5 356,247 37.5 2,778 79.7
Tasmania 191,948 63.6 109,655 36.4 805 79.7
Australian Capital Territory 175,459 74.0 61,520 26.0 534 82.5
Northern Territory 48,686 60.6 31,690 39.4 229 58.4
Total for country 7,817,247 61.6 4,873,987 38.4 36,686 79.5

Electorate breakdown

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Demographic factors

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Australia's 150 electorates plotted between survey responses and selected demographic characteristics (derived from2016 Australian census)

A majority of survey participants returned affirmative responses in 133 electorates. The 17 electorates with majority negative responses were predominantly inWestern Sydney(12 electorates), as well as rural Queensland (three electorates) and outer suburban Melbourne (two electorates). Defying a national trend, in New South Wales, country participants were more likely to vote yes than their city counterparts.[249]

Most electorates either swung heavily in favour or against same sex marriage. There were only 25 electorates in which the result was between 45 and 55 per cent. In contrast, 41 electorates at the2016 Australian federal electionhad two party preferred results within the same degree of margin (±5 per cent). At the 2013 election, 49 electorates were as approximately close.[250]

The heavy concentration of negative responses in working-class, multiculturalWestern Sydneyled to speculation about the underlying economic and demographic factors leading to the result.The Guardiannoted that the portion of persons holding religious beliefs in an electorate was one of the strongest factors, calculating a −0.8 correlation between religion and responding affirmatively.Islam,followed byOriental OrthodoxandCatholicismwere the strongest predictors of negative responses. Affirmative responses were correlated to income and education, and to a lesser extent, being born in Australia.[251]

There was a higher percentage of responses to the survey from 18 and 19-year olds than any other age group under 45, despite concerns during the survey period that this group would be disenfranchised.[252]

Aftermath

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Marriage Amendment Act

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Main article:Marriage Amendment (Definition and Religious Freedoms) Act 2017

Several hours after the results of the survey were released, SenatorDean Smithintroduced theMarriage Amendment (Definition and Religious Freedoms) Bill 2017into theAustralian Senate.[253]The bill amended the definition of "marriage" in theMarriage Actto recognise a "union of 2 people",[254]which would enable same-sex marriage.[253]The bill drafted by Liberal SenatorJames Paterson,which would have extended further protections and exemptions for people opposed to same-sex marriage was dropped, with the Senator and several conservative MPs instead deciding to offer amendments to the Smith bill during parliamentary debate.[255]There was some unresolved disagreement by politicians who advocated for a "No" result as to whether further religious protections should be added to the Smith bill as an amendment at this time or whether a later bill for this purpose should be considered.[256]

The bill passed theSenateby 43 votes to 12 on 29 November 2017, with none of the amendments providing further protections and exemptions being accepted.[257]Openly gay MP and same-sex marriage advocateTim Wilsonproposed in Parliament to his partner, Ryan Bolger, who was in the public gallery.[258]Bolger accepted Wilson's proposal. It was the first known engagement on the floor of the House of Representatives.[258]The bill passed theHouse of Representativeswithout amendment on 7 December 2017.[4]It receivedroyal assenton 8 December 2017 and came into effect the following day.[259]Existing same-sex marriages performed outside Australia were recognized from 9 December, while new marriages required one month's notice, and so began from 9 January 2018.[260][261]Several couples successfully applied for an exemption from the notice period,[262]and the first legal same-sex wedding under Australian law was held on 15 December 2017, with further weddings occurring the following day.[263][264]

Democratic representation

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The survey revealed differences between the views of some MPs and the majority of their constituents on this issue. SeveralLaborMPs inWestern Sydneyelectorates recommitted to voting in favour of same-sex marriage legislation, despite majority "No" votes among their constituents. Labor SenatorSam Dastyariacknowledged this issue, noting there was a "huge disconnect" of views on same-sex marriage within traditionally Labor-held seats in Western Sydney.[265][266]Similarly, several Liberal MPs and Senators said they would vote "No" irrespective of the result in their electorate or state.[267][268][269]

Reactions

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Alex Greenwichof the "Yes" campaign stated the survey results represented a level of "unprecedented support and momentum [that] has exceeded the expectations, not just of this campaign, but any campaign in our history".[270]Spokesperson for the "No" campaign and theCoalition for Marriage,Lyle Sheltonsaid it was a disappointing result, but he accepted and respected the verdict of the people.Tony Abbottsaid the Parliament should "respect the result".[271]

Speaking immediately after the survey results were released, Prime MinisterMalcolm Turnbullcalled the outcome "overwhelming" and recommitted to passing same-sex marriage legislation in the Parliament before Christmas.[272]Opposition LeaderBill Shortenshared that commitment and called on conservative MPs in the government to respect the will of the people and not attempt any delaying tactics in the parliament.[273]The verdict announcement was watched and celebrated by tens of thousands of "Yes" supporters in capital cities. InMelbourne,several thousand people gathered outside theState Library of Victoriato watch the results before celebrations began in Melbourne'sLygon Streetthat evening.[274]The huge "Yes" vote inVictoriapromptedPremierDaniel Andrewsto label the result reflective of Victoria's reputation as "the most progressive state" in the nation.[275]A large crowd also descended onPrince Alfred ParkinSydneyfor the announcement, which included high-profile figuresMagda SzubanskiandIan Thorpein attendance.[276]Reflecting on the atmosphere in Sydney, local newspaperThe Sydney Morning Heraldclaimed the results reflected "a momentous civil rights milestone" for Australia.[276]Smaller crowds also gathered in several locations inCanberra,AdelaideandPerthto celebrate the result.[277][278][279]In Canberra (capital city of theAustralian Capital Territory,the jurisdiction with the highest "Yes" vote in the country), the results were celebrated festively into the night, as thousands of people forced the closure of Lonsdale Street in the city.Labor PartySenatorPenny Wong's appearance onstage at the event "drew thunderous applause from a crowd of thousands".[280]

The results were welcomed by many representatives of Australia'sbusiness community.Among the highest profile of them wasQantasCEOAlan Joyce,who called it "an amazing outcome and we should all be very proud of this amazing country", an observation shared by leaders of corporate bodiesTelstraandANZ Bank.[281]Businesses related to the wedding industry, such as florists, bakers and others were poised to reap the benefit of what some projected to be a multi-billion dollar boost to the industry over the following 12 months.[282]The social media coverage of the results announcement was so immense that, with more than 4000 tweets sent every second during the peak of the day, the survey results trend was more than 10 times as popular as Australia's "race that stops the nation", theMelbourne Cup.[283]

In celebration of the "Yes" vote, aSydney-based visual artist painted a large, "light-hearted mural"[284]on the wall of the Botany View Hotel,Newtown,depicting Tony Abbott with his hand down the pants of CardinalGeorge Pell.[285]The mural was later defaced and painted over in black paint. The visual artist said he planned to leave the defaced mural as it was, stating "when you're making public art, the reaction is important, the reaction is needed".[286]

ArchbishopDenis Hartof theRoman Catholic Archdiocese of Melbourneissued a statement on behalf of theAustralian Catholic Bishops' Conference,saying the results did not change the church's understandings of marriage and noting the 4.8 million Australians who voted "No" should have their concerns recognised by "putting in place strong conscience and religious freedom protections".[287]These sentiments were shared by the leaders of theAnglican Church of Australia.[288]Reflecting on the heavily concentrated "No" vote prominent inWestern Sydneyelectorates,Keysar Trad,former president of theAustralian Federation of Islamic Councils,labelled it "heartening" and praised the role of faith leaders in both theMuslimand Christian communities in the region.[289]Being born overseas has been noted to correlate with a "No" response and religious belief to correlate even more strongly.[290]Social progressives received criticism for allegedly ignoring the "No" vote among Islamic communities, though a Guardian blog argued that religion was connected with the "No" vote.[291][292]

World leaders to congratulate Australia for the result includedNicola Sturgeon(First Minister of Scotland),Justin Trudeau(Prime Minister of Canada) andTheresa May(Prime Minister of the United Kingdom).[293][294]

The survey ran more than $40 million under its projected budget of $122 million.[295]Greens leaderRichard Di Natalewrote to the Prime Minister requesting that some of the unused funds be redirected to mental health and other support services for LGBT Australians hurt by the campaign.[239]The survey added $26.3 million in revenue toAustralia Post.[296]

Mental health impact

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A 2019University of Sydneystudy found that the same-sex marriage debate led to elevated psychological distress for lesbian, gay, and bisexual people during the survey period, including increased levels of depression, anxiety and stress.[297][298]The research also found that same-sex attracted Australians benefitted from public displays of support from family and friends, which increased their resilience during the process.[298]Another 2019 study conducted for the Australia Institute similarly found that "the marriage equality debate represented an acute external minority stress event that had measurable negative impacts on mental health of LGBTIQ people and their allies".[299]

See also

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Other same-sex marriage referendums

edit

Notes

edit
  1. ^abcdefgAmong respondents who voted already.
  2. ^Among all respondents, whether they had voted already or not.
  3. ^abcAmong respondents who have not yet voted.
  4. ^21% of respondents refused to answer the question or declared no intention to vote.
  5. ^The Yes figure is a combination of people who say they have already voted yes (64.3%) and people who say they still intend to vote yes (6%). The No figure is a combination of people who say they have already voted no (15.5%) and people who say they still intend to vote no (5.7%). An additional 5.7% say that they do not intend to vote and 2.8% say they have not received a survey form.
  6. ^17% of respondents said they had not voted and 4% were "uncommitted"
  7. ^14% of respondents said they had not voted.
  8. ^The undecided number included 5% who say they "may or may not" participate and 2% who are "uncommitted".
  9. ^The poll asked respondents if they were "very likely, somewhat likely, somewhat unlikely or very unlikely" to participate in the survey, and did not give an option of being undecided.
  10. ^The undecided number included 9% who say they "may or may not" participate and 3% who are "uncommitted".
  11. ^The political party of the electorate's member at the time.

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Further reading

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