The issue focused on legislation introduced by Senator Bernardi that would criminalise marriage equality for federal employees and civil servants. The Senate Legal and Constitutional Affairs Legislation Committee referred the legislation to the Legal and Constitutional Affairs References Committee in December 2014. In January 2015, Senator Bernardi submitted an amended bill which proposed criminalising civil unions but allowed religious organisations to refuse service to same-sex couples. This legislative proposal also permitted employers to discriminate against LGBTI workers based on their sexuality or gender identity.

Senator Bernardi presented his