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Home›Religious institutions›PM to personally introduce religious discrimination bill, as moderate liberals remain concerned about details

PM to personally introduce religious discrimination bill, as moderate liberals remain concerned about details

By William E. Lawhorn
November 23, 2021
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Prime Minister Scott Morrison will personally present his watered-down religious discrimination bill to the Federal Parliament, even though some of his moderate MPs “still question the necessity” of the legislation.

Key points:

  • Details of a controversial and long-awaited bill to provide additional protections for religious people have been revealed
  • Bill strengthens protections for religious institutions wishing to hire workers who conform to their beliefs
  • Proposals to protect medical workers who refuse treatment on religious grounds have been removed

The bill was promised by the coalition government following the gay marriage debate in 2017 to provide additional protection for people of faith. It is a commitment that was made in the last election.

The legislation, which was finally released on Tuesday afternoon, aims to ensure Australians who make “statements of belief” have additional protection against existing state-based discrimination laws.

It states that moderate religious beliefs are not discriminatory until they are maliciously worded and “that a reasonable person” would not think that they “would threaten, intimidate, harass or defame any person or group” .

The bill also ensures that institutions run by religious organizations, such as schools, will be able to prioritize or give preference to the employment of people of the same faith.

“For example, it is not discrimination for a religious elementary school to require all its staff and students to practice that religion, if such a requirement is necessary to avoid harming the religious sensibilities of people of that religion.” , indicates the bill.

“It is not discrimination for a religious hospital, senior care facility, accommodation provider or disability service provider to seek to uphold a religious ethic among its staff by making decisions based on faith in employment. “

Likewise, institutions will benefit from additional protections to ensure that they are able to respond to their faith in a particular way.

“For example, an elderly care facility or a hospital does not discriminate… Bill explains.

However, institutions must ensure that their conduct conforms to a “publicly available policy” that clearly explains how religious views will be applied.

Moderate liberals remain concerned about discrimination bill

Despite receiving assurances from ministers, several moderate Liberal backbenchers raised concerns about the legislation at a village hall meeting on Tuesday.

Queensland backbench MP Warren Entsch said he “is still questioning its necessity”.

“I respect the fact that we brought this to an election,” the Liberal CBA MP said.

“But there are some things that still worry me.”

The bill is expected to be passed in the lower house next week and sent to the Senate, where it will likely be the subject of a committee inquiry.

It could then be put to a final vote early next year.

“We need to give this a high level of transparency and test the veracity of some of the commitments [the government] did, “Entsch said.

“We have to make sure that we don’t legislate on a right to discriminate… for one party and take away another’s right to defend.”

Religious pressure groups and some religious leaders have lobbied for parliament to pass the bill before the next federal election.

But some critics, including some LGBT groups, fear it will discriminate against those who have same-sex relationships and overstep state-based protections against discrimination.

Equality Australia CEO Anna Brown and former Olympic gold medalist Ian Thorpe have campaigned against the government’s proposed religious discrimination laws.(AAP: Mick Tsikas)

“Because the fight against discrimination in Tasmania [Act] is the best in Australia, it is the most targeted by this extreme and unreasonable federal bill, ”said Rodney Croome, spokesperson for Equality Tasmania.

“The federal bill will overturn our anti-discrimination law to allow humiliating, insulting, ridiculous and offensive conduct if that conduct is in the name of religion.”

Conservative politicians say laws are a “shield, not a sword”

Some of the more controversial proposals were removed from the final bill.

The so-called “Folau” clause, named after former Wallaby Israel Folau, was sacked by Rugby Australia following comments on social media, has been removed.

This would have limited the control that employers could have over belief statements.

Israel Folau looks straight ahead during the rematch ceremony ahead of an Australia v Ireland test.
The sacking of Israel Folau from Rugby Australia for an Instagram post deemed homophobic has become a central case in the debate over a bill on religious discrimination.(PAA: Dave Hunt)

Protections against objections for doctors and other healthcare professionals have also been removed, meaning Australians cannot be denied treatment on religious grounds.

The prime minister told MPs on Tuesday that the bill was important to him and several conservative politicians insist the legislation is meant to be a “shield, not a sword” for faith-based institutions.

He also confirms that a new Commissioner for Religious Discrimination will be created to work within the existing Human Rights Commission.

“This bill strikes a balance,” said Liberal Tasmanian Senator Eric Abetz.

“I would have liked a little more stuff in it but some of my colleagues would have liked a little less.”

“In a free society, men and women should be able to express their point of view without people rushing to government officials saying, ‘Oh, I take offense at what someone said.’

The federal opposition was briefed on the bill last week, but has repeatedly said it will wait to see all the details of the bill before clarifying its position.

“Labor is eagerly awaiting the introduction of the government’s long-awaited religious discrimination bill,” Shadow Attorney General Mark Dreyfus said in a statement.

“The Labor Party believes that all Australians should be able to live their lives without discrimination – and all Australians should have the opportunity to see the government’s bill, which will only happen once it is actually introduced. “


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