A Conservative motion to kill the controversial same-sex legislation has failed, but in the process the move has once again exposed a deep rift within the Liberal ranks.

In total 34 backbench Liberal MPs voted to kill their own party's legislation.

The final vote was 164 to 132.

Tory Leader Stephen Harper introduced the amendment to scrap second reading of Bill C-38, which will establish the Civil Marriage Act, arguing that the proposed legislation "fails to define marriage as the union of one man and one woman to the exclusion of all others."

The Conservatives said they wanted to bring in a new bill, reaffirming the traditional definition of marriage.

But Justice Minister Irwin Cotler said Monday that the Liberals had enough support from their own members, the NDP and the Bloc Québécois to defeat the motion, which proved to be correct.

The issue has become divisive within the Liberal party, because a number of MPs oppose the same-sex marriage legislation on religious and moral grounds.

A recent CBC poll suggests Canadians are deeply divided on the issue, with slightly more than half saying they disagreed with the Liberal government's plan to change the definition of marriage to include same-sex couples.