In a rare show of unity, the Coalition, the Greens and even an independent MP have called on the Albanese government to release draft religious discrimination law reform that would prevent LGBTI+ teachers from being fired and students expelled over their sexuality or gender identity at faith-based schools.
It comes as LGBTI+ spokesperson for the Greens Stephen Bates said that the “only thing stopping Labor protecting LGBTIQA+ workers in their workplace is their own cowardice”.
Despite it being a 2022 federal election promise, the Labor government has yet to introduce legislation that would remove the ability of religious organisations to discriminate.
Prime Minister Anthony Albanese committed to reforming the law so that faith-based organisations like schools could no longer discriminate against staff or students based on sexual orientation, gender identity, marital or relationship status or pregnancy.
The law provides discrimination exemptions to faith-based organisations including schools, hospitals and charities like the Salvation Army, allowing them to discriminate in cases where someone’s lifestyle and personal choices conflict with the organisation’s religious beliefs, such as when it relates to sexuality, gender identity, divorce, abortion and having a child outside of marriage.
“A future Labor government will prevent discrimination against people of faith, including anti-vilification protections; act to protect all students from discrimination on any grounds; and protect teachers from discrimination at work, whilst maintaining the right of religious schools to preference people of their faith in the selection of staff,” Albanese said prior to the election.
Since then, the prime minister has been accused of dragging his feet over the reforms by insisting on bipartisan support from the Coalition to pass the bill.
Federal Labor Attorney-General Mark Dreyfus told ABC Radio Sydney on Friday that the government wanted to create a “lasting solution” and that “bipartisan support is essential”.
“Where it’s at is that the opposition still hasn’t told the government what the opposition’s position is on the proposed religious discrimination bills and we gave them the bills in March,” he said.
Coalition shadow attorney-general Michaelia Cash told Gay Sydney News that the party’s position was that the government had received “feedback” from faith-based communities since consulting on its draft bill and should now publicly release a revised draft.
“Faith communities have given the government very clear feedback about how the current draft legislation is inadequate. As I have made clear to Mr Dreyfus, both he and the government should take heed of that feedback and produce a revised draft of his legislation,” Cash said.
“[Dreyfus] has had this feedback for many weeks now. I have also told Mr Dreyfus that he should release a revised draft of the legislation publicly so it can be openly debated.”
Independent Senator David Pocock told Gay Sydney News that he understood the desire for bipartisanship given the impact that a negative debate could have on individuals.
“Political leaders need to have this debate in a way that ensures this religious discrimination legislation doesn’t become a culture war. We know that some of the most vulnerable people in our community will suffer if that happens,” he said.
Pocock said he had yet to see any draft legislation but was ready to work with the government on the reforms.
“I’ve been seeking to engage with the government on this issue since the beginning of the year, following people in my community raising a range of concerns and uncertainty over where it is headed.”
LGBTI+ spokesperson for the Greens Stephen Bates asked Dreyfus in parliament’s question time for a copy of the new anti-discrimination laws – an offer of which was not fulfilled.
“What was his response? ‘We want unity, not division’,” Bates said.
“The prime minister has reached out to the leader of the opposition to get this done, and I continue to look forward to working with the opposition to progress legislation.”
Labor accused of ‘cowardice’
Bates took to social media platform X, formerly Twitter, to express his frustrations on Friday. He said it was time for the government to look at other parties to pass the reform.
“The Greens have been telling Labor repeatedly for months: let’s work together and pass the Australian Law Reform Commission’s recommendations. The only thing stopping Labor protecting LGBTIQA+ workers in their workplace is their own cowardice. I’m sick of it,” he said.
“In Labor’s desperate attempts to appeal to the far right, they are willing to forego any semblance of progressive values in search of votes they are never going to get. All the while ignoring the people who supported them, people who suffer discrimination every day.”
Equality Australia legal director Ghassan Kassisieh said every day the bill was delayed was another day that teachers could be fired or students forced out of school.
“Labor made a promise to Australians before the last election to remove these exemptions if they formed government. We know the bills are ready and it’s time the prime minister let the parliament do its job,” Kassisieh said.
Equality Australia says one in three students and almost two in five staff members are enrolled or employed in private schools, most of which are religiously affiliated and particularly funded by the taxpayer.
“These schools rely on millions of dollars of public funding and yet they are legally allowed to fire a gay or trans teacher or deny them a promotion while LGBTQ students can be denied enrolment or held back from leadership roles,” Kassisieh said.
Mark Spencer, spokesperson for Christian Schools Australia, which opposes the legislation, told Gay Sydney News that the government proposals were an unacceptable overreach.
“For our member schools there is a common commitment to historical, orthodox beliefs around many issues, including, but not only, gender, sexuality and marriage. If we cannot reflect our particular beliefs in our school and in our choices around staff, then we cease to be authentically who we are,” he said.
“The proposals set out by the Australian Law Reform Commission go to the heart of this, refusing to allow beliefs around gender, sexuality and marriage to be clearly stated and expected by schools to be complied with, it is the [Australian Law Reform] Commission saying what beliefs will and will not be allowable with a religious educational institution.
“It is totally unacceptable overreach for governments to seek to control people’s religious freedom in this way.”
The Independent Education Union of Australia NSW/ACT Branch, which represents more than 32,000 teachers, supports changes to the religious discrimination law.
“School employers have nothing to fear from modern community standards,” said IEUA branch secretary Carol Matthews.
Matthews said that stories like the one in The Sydney Morning Herald on Thursday – about a teacher who was fired for being in a same-sex relationship after a parent found out about it – were heartbreaking but just one of many.
“Teachers, school leaders and school support staff have shared heartbreaking stories with the IEU of the discrimination they’ve experienced in the workplace. Such treatment is unwelcome in today’s workplace and would be unlawful in every other industry,” she said.
Gay Sydney News reporter