‘Unintended consequences’: Letter exposes shock flaw in religion bill

The Morrison government has released a letter exposing a hidden “flaw” behind proposed changes to its controversial religions laws.

The Morrison government has released a letter outlining its reasons for shelving religious freedom laws, highlighting one major “flaw”.

In the letter, Attorney-General Michaelia Cash argues proposed changes to the legislation could have serious “unintended consequences”.

The government wants to stop religious schools from discriminating against gay and lesbian students.

But Labor, crossbenchers and five Liberals want this protection extended to transgender children.

Senator Cash claims this change could open the door to other forms of discrimination.

“Concerns have been raised with me that a potential consequence of the amendment is that religious educational institutions will now be able to discriminate against students on the ground of the student’s sex, intersex status or breastfeeding,” she wrote to independent MP Rebekha Sharkie.

The path for Scott Morrison to introduce the controversial changes before the election has narrowed after the Senate agreed to delay a vote until March.

Lower house MPs debated the legislation – which would overhaul religious freedom laws – until the early hours of Thursday morning.

But a failure to bring on the matter for debate in the Senate means Mr Morrison’s promise is looking unlikely to be fulfilled before the expected May election.

Scott Morrison’s signature legislation is looking unlikely to pass. Picture: NCA Newswire/Gary Ramage

Mr Morrison promised three years ago that he would legislate new anti-discrimination protections for people of religious faith, including in schools and hospitals.

However, disagreements over a so-called statements of belief clause and the protection of gay student and transgender students ultimately derailed the bill at the final hurdle.

Five Liberal MPs joined with Labor and the crossbench on Thursday to extend protections extended to gay students to those of diverse gender identity.

Frontbencher Senator Jane Hume told reporters the government would seek to revert the legislation to its original proposal when it came before the upper house.

But after Senator Andrew Bragg confirmed he would cross the floor to ensure transgender children are protected and a backlash from stakeholders, the government allowed a Greens motion to delay the vote to be passed on the voices.

The Bill will now be referred for an inquiry. Picture Kym Smith

In the letter to Ms Sharkie, the Attorney-General said the amendments to the Sex Discrimination Act could allow for further discrimination.

But Ms Sharkie said she held “deep concerns” over the cited legal advice, which was not included with the letter.

“If the Government was genuinely worried about the so-called unintended consequences, it could draft its own amendments in the Senate to address said issue,” Ms Sharkie said.

I have only recently received the letter that is circulating in the media from Attorney-General Michaelia Cash. I am asking the Attorney-General for the legal advice underpinning the letter and, if released, will consider that advice carefully. 1/3

— Rebekha Sharkie MP (@MakeMayoMatter) February 10, 2022

“I am disappointed the Government has decided to play politics with an issue that’s so important to so many Australians.”

All sides of politics have chalked the moment up as a win, but the move left government senators bemused at what had just happened.

“I’m in a state of confusion and I think the vast majority of my colleagues are as well. Can we have explained to us what is actually being put to us?” Senator Eric Abetz said following the vote.

There was mass confusion in the Senate after the Greens put a motion to delay the Bill. Picture: NCA NewsWire / Gary Ramage

“What was that motion?” Senator Matt Canavan also asked.

Senate President Slade Brockman then had to explain they had missed a chance to vote for the bill to be put up for debate that day.

The fracas came just days after Mr Morrison said he stood by the legislation “100 per cent” and called for his troops to unite over the bill.

Originally published as ‘Unintended consequences’: Letter exposes shock flaw in religion bill