Crossbenchers urge PM to side with ‘progressive majority’ on religious discrimination

Progressive crossbench senators have challenged Anthony Albanese to bypass the Coalition and work with them to settle years of debate over religious freedom laws and guarantee LGBTQ students are protected at school, adding to the pressure on the prime minister as he tries to placate faith groups.

Albanese on Friday repeated that he wanted Coalition support to pass the long-awaited reforms because he was determined to avoid a “culture war” over a package that would abolish the right of religious schools to dismiss staff or expel students because of their sexuality or gender identity.

Prime Minister Anthony Albanese during question time this week.Credit: Alex Ellinghausen

“I think Australians don’t want to see the culture wars and the division out there. I want this to be an opportunity for unity going forward and that’s why we’ve provided the legislation to the opposition,” Albanese said.

Underlining the difficulty of his task, more than 20 religious organisations wrote to Albanese on Friday urging him to reject the advice of the Australian Law Reform Commission, which has told the government it should limit the circumstances under which faith-based schools could discriminate against LGBTQ staff and give no right to schools to discriminate against students.

The coalition of Christian, Muslim and Jewish groups said the commission’s recommendations would “prevent the overwhelming majority of faith-based schools from preferring persons who share and authentically live out their faith. It will therefore extinguish their distinct and authentic character.”

Deputy Liberal leader Sussan Ley said Albanese’s legislation needed to progress through parliament like all legislation, including the scrutiny of a Senate committee if needed. “I note that concerns have been raised by the Christian, Catholic and Islamic schools, and those concerns should be addressed,” she said.

Despite religious discrimination splitting the Coalition over successive terms of government, Albanese wants its support to pass the reforms. Asked at a press conference how he would protect LGBTQ students if he didn’t get bipartisan agreement, Albanese said: “It doesn’t get carried without bipartisan support … that’s the maths of the Senate. It’s as simple as that.”

He later clarified the government could also receive support from the Greens and independents to have the bill pass. But while Attorney-General Mark Dreyfus will brief crossbenchers next week, only the Coalition has seen the legislation.

Greens justice spokesman David Shoebridge said the government was choosing to break its election promise to end discrimination against LGBTQ children by selecting to work only with the Coalition.

“The numbers in the Senate and House are clear,” he said.

“With the Greens and independents there is a solid progressive majority in parliament to get this done now, and it is a tragedy to watch Labor throw this chance away … We can stop students being discriminated against because they are queer or trans, and we can do this today.”

Independent Senator David Pocock agreed it was essential the legislation did not become a culture war.

“We know that some of the most vulnerable people in our community will suffer if that happens,” he said.

“While I understand the prime minister’s desire for bipartisanship, the reality is that at the last election Australians also gave him the option of partnering with the crossbench.”

Senator David Pocock says the government should work with the crossbench if the Coalition won’t cooperate.Credit: Alex Ellinghausen

Independent Senator Lidia Thorpe also criticised Albanese for allowing the Coalition the final call when a progressive crossbench was ready to work with him. “Enough of the political games. Every day these protections are delayed, students and teachers across the country are being discriminated against for just being themselves.”

Former Liberal MP Fiona Martin, who crossed the floor in 2022 to vote against the Morrison government’s legislation, said the law reform commission’s report was a game-changing document that needed to be acted upon with urgency.

“It’s frustrating that we are two years down the line and we’re still debating this issue. The report provides a clear pathway to move forward on this issue now. This is what we’ve been waiting for to act.”

Describing the support of both major parties as desirable but not essential, she said: “The government has the numbers, it doesn’t need bipartisanship.”

Independent MP Allegra Spender said families of trans children in her electorate were telling her about their exclusion from school. “People have been waiting a long time and we have a responsibility to be sensitive and thoughtful but also to move. For me, the onus is on everyone to come together. I don’t want to get to a stand-off,” she said.

“I think the Coalition has a responsibility here, genuinely, to reflect on what happened in the last parliament and accept this is where the community wants to go and move with it.”

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