‘No choice’: Lone Liberal MP to cross the floor after party denies conscience vote

North Shore Liberal MP Felicity Wilson will break away from her party and cross the floor of parliament to support new equality laws which will allow transgender people in NSW to change their birth certificates.

In a significant departure from how the Liberals have traditionally dealt with gay and lesbian law reform and social issues including abortion decriminalisation, Liberal MPs will be denied a conscience vote on the new legislation.

Instead, the Coalition will oppose the equality bill introduced to parliament by independent Sydney MP Alex Greenwich which brings NSW into line with the other states in terms of changing birth certificates without the need for gender reaffirming surgery.

Greenwich’s bill will also allow for parentage orders for families who have had children through overseas commercial surrogacy.

The MP was forced to make significant concessions to his bill to ensure support, including taking out proposed changes to the NSW Anti-Discrimination Act which would have banned private schools from discriminating against gay or transgender students and teachers, including through expulsion or terminating their employment.

Labor held two caucus meetings and a special cabinet meeting on Tuesday to debate the bill, and will support it when it goes before parliament later this week.

There was a push from some moderate Liberals for a conscience vote on the bill. However, that was kiboshed with the Liberals keen not to create division ahead of Saturday’s three byelections in the Sydney seats of Hornsby, Pittwater and Epping.

Wilson told a divided party room meeting on Tuesday that she was left with no choice but to cross the floor to support the bill, which has been heavily watered down to appease key religious groups.

Liberal sources in the party room who are not allowed to speak about internal matters said Wilson told colleagues that she could not follow the approach of Labor, which forces members to always bind on votes regardless of their conscience.

She also said her constituents would expect her to support the bill. Her North Shore seat overlaps with the teal-held federal electorate of North Sydney.

The Liberal candidates in this Saturday’s byelections – James Wallace in Hornsby, Georgia Ryburn in Pittwater and Monica Tudehope in Epping – were asked for the position on the equality bill but did not respond.

Independent candidate for Pittwater Jacqui Scruby said she had not seen the pared-back bill but agreed with it in principle.

“I support letting people update their name or gender in NSW without requiring life-changing surgery, as it is permitted in other jurisdictions,” Scruby said. “Alex Greenwich’s ability to pass legislation demonstrates the power independents have in NSW parliament right now.”

Greenwich praised Wilson for taking a strong stance.

“It’s rare to see such an act of courage and compassion from any member of the NSW parliament,” he said.

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