Religion in schools has parliament arguing over freedom of discrimination — and from education

Religion in schools. It’s one of our touchiest topics. Include sexual discrimination and you’ve got a power keg — as Federal Parliament saw today. The debate comes to State Parliament next.

• Wong’s fury as Senate shuts down discrimination debate

Someone (who probably had extremely boring dinner parties) once said you should never discuss sex, politics or religion in polite society.

Just as well our parliaments are rarely deemed “polite society”.

The Federal Parliament spent Monday talking about discrimination against gay students in school, before the Government abruptly stalled the debate.

Meanwhile, the State Parliament is set to have the final vote on new education laws. Those laws enshrine religious activities for kids at public schools as an “opt-out” system, meaning they will be the default option unless a parent specifically seeks an exemption.

They’re both controversial issues. But what will they mean for parents and students?

In Canberra, the shock move to shut down the debate means the new school year could start without the promised protections for LGBTI students, unless Labor is successful in its bid to bring a vote on Tuesday.

Picture 1 — Labor Senator Penny Wong points at Finance Minister Mathias Cormann after Labor blocked debate on the Sex Discrimination bill. Picture: AAP / Mick Tsikas

The Federal Government commissioned a review of religious freedoms after the same-sex marriage vote last year. That was to placate churches and conservative politicians who feared religious institutions would be forced to employ or embrace people who were at odds with their beliefs — such as people in the LGBTI community.

They wanted laws to protect their right to discriminate in line with their church’s teachings.

The report has not actually been released, but a leak showing religious schools can already expel gay kids caused an uproar, and until Monday both major parties looked set to change that but were quibbling over details.

Labor was pushing to get the Bill through and last week had the numbers to bring it to a vote. But on Monday the Government used parliamentary procedures to effectively hit the pause button, which means the legislation won’t get to a vote this year.

Labor is furious at them, but more so at South Australia’s Centre Alliance Senators Stirling Griff and Rex Patrick for voting with the Government to allow the suspension. It passed with just one vote difference.

Picture 2 — … and keeps reacting. Picture: AAP / Mick Tsikas

Senator Griff said there was no urgency on the changes, and that they need more time to look at the amendments.

Now the Bill, prompted by a review that hasn’t been released, will go to a committee — even though Prime Minister Scott Morrison, Labor and the Greens wanted the changes made as soon as possible.

So for now it means there are no additional protections for gay students — but religious schools said they never used their right to expel students anyway.

Then the specific effects will depend on the final Bill. The Government wants amendments that allow schools to force kids to go to chapel, while the Greens want teachers and staff included in the ban on discrimination.

Meanwhile, the State Parliament is hoping to deal with new laws on religion and schools much faster than that.

They’re overhauling the state’s education sector, taking a big stick to chronic truants, among other things.

Nestled in the legislation is a section on religious and cultural activities. While the existing laws are vague, the new laws clear things up. They make it absolutely clear children will be involved in religious activities unless their parents have actively taken steps to ensure they are not.

Penny Wong speaks with SA’s Centre Alliance senators Rex Patrick and Sterling Griff after they voted with Labor to block debate. Picture: AAP / Mick Tsikas

But they also make it clear that the school has to tell parents that such an activity is planned, and that the student can’t be punished for being pulled out of the activity. It also makes it explicit that no one is going to stop students from singing Christmas carols, which is not something that anyone had threatened to do.

A group of parents and academics are outraged, because they want the system to be “opt in”, so the default is no religious activities for state school students unless the parents explicitly consent.

A group of parents and academics this week wrote a letter to the state’s MLCs, saying that “at no time should silence be considered consent”.

They say there should be a standard form to express consent, a form that makes it clear that it’s religious volunteers, not qualified teachers, who are delivering the religious activities, and that it is not part of the curriculum.

So what does that mean for parents and students? It means chances are SA will have an opt-out system for the foreseeable future.

But parents can expect to see principals contacting them if the school is organising a religious activity, and if they decide they don’t want their child to do that activity, they can get them an exemption.

And they should be able to be confident that the student will not be put in a corner somewhere while their classmates hear from Christians, or Hindus, or Muslims, or whoever, but will be doing something worthwhile.

They cannot, however, be confident that their dinner parties will be free of sex, politics or religion conversations for quite some time.

What’s been happening?

■ Federal Parliament is debating the right of private schools to discriminate against gay students.

■ Labor wants a ban on discrimination against LGBTI students.

■ The Coalition was happy to stop discrimination against LGBTI students but wanted other provisions, such as allowing religious schools to force kids to go to chapel. Then they suddenly stifled the debate Monday.

■ State Parliament is debating a completely new Education Bill, part of which enshrines “opt-out” religious and cultural activities.

■ Labor wanted to switch to “opt-in” so students by default would not have sessions with religious volunteers, but could not get enough support.

■ The Liberal Party say they’ll stay with the status quo, but will clarify the process.