Many senators have described today as the proudest in their parliamentary careers.

The bill will face its final hurdle in the House of Representatives next week when MPs resume the debate.

Senator The Hon. George Brandis said:

Australia may have been slow to reach this day – we are the last of the English-speaking democracies, and one of the last countries in what was once called Western Christendom – to embrace marriage equality. But when that day did come, it came triumphantly, it came joyously, and it came, most importantly, from the Australian people themselves. Like all of the best and most enduring social change, it was not imposed from above. The will for it germinated in the hearts and minds of the people themselves.

Now that the Australian people have spoken, it is for us, their elected representatives, to respond. And so, let us now complete the task which they have set us, and for which so many of us have worked for so long.”

This means that marriage equality is well and truly on track to become a reality by Christmas.

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Explainer: Marriage Amendment Bill Finally Hits Parliament, What’s Next?

What’s likely to happen in Parliament over the next few months?

To become Australian law, the proposed Bill will need to pass through the Senate and the House of Representatives with only nine Parliamentary sitting days remaining this year. It’s likely that there will be several amendments to the Bill before it is passed which, Attorney General George Brandis, believes will happen by December 7, if not earlier.

The vote deciding whether the Bill passes will be a “free vote” or a “conscience vote.”

This means that there will be no direction by the leader of each parliamentary party to Members or Senators to vote in any way on the Bill. It will be a matter entirely for each Member or Senator to decide the way that they wish to vote and to deal with the politics of the way they voted. As there will be no formal sanction, Members and Senators from the same political party may be voting differently from some of their colleagues.

Once the bill has passed Parliament, it will go to the Governor-General, Peter Cosgrove, for the Royal Assent. The commencement date of the Bill remains unclear, however, the legislation must commence within 28 days of Royal Assent.

President of The Law Society of NSW, Pauline Wright, says that the Law Society will scrutinise any proposed legislation and forward its recommendations to the Law Council of Australia to be included in a submission from the national body of the legal profession. Ms Wright said the Law Society has consistently supported the introduction of laws to enable same-sex marriage since 2012 to address discrimination against same-sex couples.

All Australians are entitled to be free from discrimination, to be subject to the same laws and to be treated equally before the law,” Ms Wright said.

Reform is appropriate where there are laws which discriminate against people on the basis of inherent characteristics, such as their sexual orientation or gender identity.

At the same time, it is appropriate that any proposed legislation be scrutinised to ensure that it does not erode other traditional rights and liberties that we presently enjoy.”

Quick recap of the proposed amendments

The proposed Bill has been drafted to:

• redefine marriage as ‘a union of two people’
• introduce non-gendered language so that the requirements of the Act apply equally to all marriages
• enable same-sex marriages that have been, or will be, solemnised under the law of a foreign country to be recognised in Australia
• amend the definition of ‘authorised celebrant’ to include new categories of religious marriage celebrants and certain Australian Defence Force officers
• enable ministers of religion, religious marriage celebrants, chaplains and bodies established for religious purposes to refuse to solemnise or provide facilities, goods and services for marriages on religious grounds; and
• make amendments contingent on the commencement of the proposed Civil Law and Justice Legislation Amendment Act 2017; and Sex Discrimination Act 1984 to provide that a refusal by a minister of religion, religious marriage celebrant or chaplain to solemnise marriage in prescribed circumstances does not constitute unlawful discrimination.

Where to from here?

It’s going to be an interesting few months in Parliament. Malcolm Turnbull and many others in government are eager for same-sex marriage to be legalised prior to Christmas, which means that the first weddings could be taking place as soon as mid-January 2018.

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Our organisations support the introduction of marriage equality laws and consider that legislation that discriminates on the basis of sexual orientation and gender identity is fundamentally wrong, Mr Moses, Ms Wright and Professor Frankum said.

The President of the Law Society of NSW, Pauline Wright, said denying couples of the same sex the choice to enter a civil marriage contravened the principle of equality before the law.

The Law Society of NSW is committed to ensuring that all Australians are equal before the law in rights and dignity, regardless of sexual orientation or gender identity,” Ms Wright said.

Failing to recognise same-sex marriage can have a negative impact on the mental health and wellbeing of LGBTI people and their families, including those in the legal profession.

It may also amount to discrimination on the basis of sexual orientation which is contrary to the International Covenant on Civil and Political Rights, to which Australia is a signatory.”

NSW Bar Association President Arthur Moses SC said it was an extraordinary step for the medical and legal profession to speak with one voice on an issue.

This is an important issue. The rule of law requires that all Australians are treated equally,” Mr Moses said.

Discrimination in the Marriage Act on the basis of sexual orientation or gender identity is contrary to the rule of law.”

Australian Medical Association (NSW) Professor Brad Frankum said he was very proud of the AMA position statement in favour of marriage equality.

I’m very happy to be joining the Law Society of NSW and NSW Bar Association to campaign jointly on this issue,” Professor Frankum said.

We know that marriage laws, as they exist now, have adverse health consequences for gay, lesbian, transgender, bisexual, and intersex people.

Doctors have a duty to both treat and prevent illness and for me that also means rejecting discrimination in all its forms.”