Loophole in Scott Morrison’s proposed protections LGBTQI+ students exposed
The Prime Minister’s proposed law changes to “protect” LGBTQI+ students at religious schools are under fire after a key loophole was exposed.
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Religious schools will still be allowed to discriminate against transgender students under proposed amendments to the Sex Discrimination Act, despite Prime Minister Scott Morrison promising to protect LGBTQI+ students.
On Tuesday, Finance Minister Simon Birmingham confirmed the draft religious freedom bill would not protect transgender students, after being grilled by Radio National host Patricia Karvelas.
Karvelas asked for clarity on why the government would not protect transgender students.
“Help me out. You haven’t answered the transgender question,” Karvelas asked Senator Birmingham.
“Can schools still, under changes you’re proposing, exclude transgender students?”
“The proposal put forward is to repeal the exemption as it relates to students being exempted from the Sex Discrimination Act on the basis of their sexual orientation,” Senator Birmingham responded.
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“But not gender?” Karvelas asked.
“But it doesn’t go further than that. Those other matters will be still be subject to a relatively quick review by the Australian Law Reform Commission to try and address the best way to be able to enact any other changes, without undermining certain issues around same sex schools,” Senator Birmingham responded.
“With respect – why are transgender kids being singled out?” Karvelas asked.
“It’s the different issues we (anticipated) being part of an ALRC process if the religious discrimination bill passed, and now I welcome the fact there is an opportunity to deal with some of them and to make another positive step forward in terms of equality in this space,” Senator Birmingham said.
“(But) not for transgender students?” Karvelas asked.
Senator Birmingham replied: “No step achieves everything in one go. Along the journey we’ve made a lot of different steps that have taken us closer every time to resolving issues.”
“With respect, you’re allowing discrimination against transgender students. Can you live with that?” Karvelas asked.
“I’d like to see as much discrimination removed as possible, whilst respecting the fact that schools of faith, single sex schools, need to be able to find the right way within discrimination laws to continue to operate,” Senator Birmingham said.
Despite the finance minister’s comments, Mr Morrison insists the bill “does not provide” for religious schools to be able to expel transgender students.
“This bill (we are introducing) does not seek to endorse that arrangement,” Mr Morrison said on Tuesday.
“What we’re dealing with here today are not those matters. Those are going through a process with the Australian Law Reform Commission.
“We’re dealing with discrimination against people for their religious belief and faith. That bill does not do the things you’re saying.”
Last week, Mr Morrison vowed to amend the Sex Discrimination Act to stop faith-based schools from expelling students based on their sexuality or gender identity.
The PM has been desperately trying to drive his religious discrimination bill through parliament ahead of a likely May election, but has faced pushback from his own party room.
Moderate Liberals have previously said their support for the bill depended on amendments to the Sex Discrimination Act to protect LGBTQI+ students from discrimination.
On Monday, Mr Morrison confirmed the Government would present an amendment to “deal with the problems” in the Sex Discrimination Act which mean that “you could expel children because of their sexuality”.
However, a loophole has been left in the draft amendments that leaves schools with the power to discriminate against transgender students.
Under the changes, faith-based schools would not be allowed to expel gay students, but they would retain the right to expel children based on their gender identity.
Section 38(3) of the current Act allows religious schools to discriminate against students on the basis of sexual orientation, gender identity, marital or relationship status or pregnancy so long as it is done in “good faith in order to avoid injury to the religious susceptibilities of adherents”.
But Liberal sources told The Sydney Morning Herald that Mr Morrison’s proposed amendment does not repeal the full section of the Act and only protects students based on their sexual orientation, with transgender students still on the chopping block.
“I’m proposing to put forward an amendment to change that [Sex Discrimination Act] in good faith and because I think it’s the right thing to do,” Mr Morrison told reporters on Monday.
“That, I think, goes well together with the religious discrimination bill which I hope and certainly intend to become an act in the near future.”
Labor’s Tony Burke said he had not yet seen the final amendments.
“The Prime Minister previously said he would end discrimination for all students, and he should be true to his word on that,” he told RN.
Coalition MPs and senators are expected to discuss the changes today, with federal parliament returning for the year.
In an interview with The Conversation on Monday, Opposition Leader Anthony Albanese said he believed people shouldn’t be discriminated against on the basis of “their faith, or their gender, or their sexuality, or their race”.
“But legislation has to be workable. And the test is – can you ensure that you’re supporting non-discrimination without discriminating against another group?” he said.
“That’s the test here that we’ve said all along we would apply. But I do not believe that anyone should be discriminated against on the basis of their faith.”
The proposed amendment comes after a Brisbane Christian School attempted to force parents to sign an enrolment contract agreeing that the school could expel students based on their gender identity.
The contract from Citipointe Christian College also branded homosexuality “sinful, offensive and destructive” and lumped it into the same category as paedophilia and incest.
The enrolment contract was eventually withdrawn and the school’s principal Pastor Brian Mulheran stepped down from his role.
Speaking to Brisbane Radio B105 on Thursday, Mr Morrison said he did “not support” the contract and vowed better protections for LGBTQI+ students.
“My kids go to a Christian school here in Sydney, and I wouldn’t want my school doing that either,” he said.
“The bill that we’re going to be taking through the parliament, we will have an amendment which will deal with that to ensure kids cannot be discriminated against on that basis.
“The law, as it sits, would allow for that.”
The Prime Minister said religious freedom isn’t just about people who have religion.
“It’s also about people who don’t.
“You shouldn’t be discriminated against by what your religious faith is or isn’t,” he said.
“You should be able to send your kids to a Christian school or Muslim school or a Jewish school, or whatever it is, they should be able to teach, you know, kids in that way.”
– With NCA NewsWire
Originally published as Loophole in Scott Morrison’s proposed protections LGBTQI+ students exposed
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