By Michael Koziol and Legal affairs correspondent
A snap inquiry into religious freedom has failed to deter conservative MPs from plans to amend same-sex marriage legislation to beef up exemptions for the faithful, as divisions on the government's right flank continue to mount.
Philip Ruddock - a Howard government minister who in 2004 introduced the bill enshrining the definition of marriage as between a man and a woman - has been tapped by Malcolm Turnbull's cabinet to review Australia's protection of religious freedom.
Philip Ruddock, pictured on Wednesday, says religious freedom must be understood and respected.Credit: Nick Moir
The idea, publicly floated by Immigration Minister Peter Dutton last week, is designed to clear the way for the smooth passage of Liberal senator Dean Smith's same-sex marriage bill by deferring debate over religious and conscientious objections until next year.
But other conservatives on Wednesday signalled they would not be cowed, insisting the best way to ensure freedom of religion was to bolt amendments on to Senator Smith's bill - ensuring a messy end to the parliamentary year, with Coalition MPs bitterly divided.
Treasurer Scott MorrisonCredit: Alex Ellinghausen
"This is not a replacement for the need to make amendments ... this does not replace that process," said Treasurer Scott Morrison, a fierce advocate for religious exemptions.
The split within conservative ranks was highlighted by another minister who told Fairfax Media it was "a big mistake" to defer religious exemptions to a largely redundant review.
"Our so-called senior leaders of the party have not been making wise decisions," the MP said in a pointed dig at Mr Dutton and others.
Lyle Shelton, leader of the failed "no" campaign, also dismissed the "last minute" inquiry as a "thought bubble designed to solve a political problem for the Prime Minister", and strongly praised Mr Morrison.
Conservatives maintain they will press ahead with amendments including the right for parents to withdraw their children from schools whose teachings are contrary to their views on marriage, and a "no detriment" clause so that nobody is penalised for advocating the traditional definition of marriage.
Mr Turnbull rubbished that idea on Wednesday, saying his government was "particularly concerned to prevent uncertainties caused by generally worded Bill of Rights-style declarations". He also noted "many of these proposals go beyond the immediate issue of marriage".
Nonetheless, conservatives are confident of finding at least some support for the amendments on their own side of politics. "If you don't like those things you should never have become a Liberal," one MP said.
The 74-year-old Mr Ruddock, who returned to public life this year as Mayor of Hornsby, will be assisted in the inquiry by Australian Human Rights Commission president Rosalind Croucher, Jesuit priest Frank Brennan and retired Federal Court judge Annabelle Bennett.
The review was announced as the West Australian newspaper reported a gay teacher was fired from his Baptist school because of his sexuality, which is entirely legal.
Asked if the inquiry was necessary, Mr Ruddock said its purpose was "putting beyond doubt" Australia's status as an exemplar of different cultures, races and religious living harmoniously. Freedom of religion must not only be enacted but "well understood and respected", he said.
While marriage is the review's impetus, it will canvass broader issues. On the banning of the Islamic burqa, Mr Ruddock said "it is reasonable in certain circumstances to be able to identify people" but "if you're talking dress codes, I respect difference and I don't worry about it".
Asked if the review would canvass the tax-exempt status of religious organisations, he said: "I would be very doubtful that it would be raised, but we will see, won't we?"
Mr Ruddock would not say how he voted in the same-sex marriage postal survey, instead pointing to his public advocacy for civil unions. He conceded he could not separate his own Christian views, or his 43 years as a Liberal MP, from his new role. But he noted that despite his friendship with the staunchly conservative Anglican Archbishop Glenn Davies, he attends the St James King Street church, whose reverend Andrew Sempell is an outspoken supporter of same-sex marriage.
Labor leader Bill Shorten said his party was "not automatically against" the inquiry but he was not interested in delaying same-sex marriage or extending discrimination. Mr Ruddock will report to the government by the end of March.