Religious Discrimination Bill back on government agenda after three-year wait

The debate about religious freedoms is set to be put back on the table this week. But what does it all mean?

Scott Morrison has given priority to a controversial election promise to legislate religious freedom laws as parliament heads into the final sitting fortnight of the year.

Three years after first proposing the legislation, Attorney-General Michaelia Cash is expected to present it to the party room on Tuesday before introducing it to parliament later in the week.

But the path for the Prime Minister to pass his Religious Discrimination Bill is increasingly narrow, and with several Coalition backbench senators threatening to withhold their vote due to state-imposed vaccine mandates, the government is gearing up for a fight.

Scott Morrison has given priority to the religious freedom legislation in the final sitting fortnight. Picture: NCA NewsWire / Gary Ramage

Labor is yet to see the legislation but Opposition Leader Anthony Albanese on Monday said he “absolutely” supported religious freedom but was critical of how the government had gone about it.

“I want to see the Bill. We have our processes,” he told ABC Radio National.

“I’ve spoken to religious leaders, can I say this, who are very disappointed that the government … has not worked in a bipartisan way.”

Employment Minister Stuart Robert on Sunday said not everyone in the government would be pleased with the legislation.

“If you are not pleasing everyone, you’ve probably landed the policy option in the right place,” he told Sky News.

The government initially ordered a review into religious freedoms following the landmark same-sex marriage vote in 2017.

Some religious leaders, politicians and activities were concerned that the introduction of same-sex marriage conflicted with their religious beliefs, and the ability for churches, schools, and workplaces to express their religion could come under threat.

The Attorney-General will present the Bill to the party room this week. Picture: NCA NewsWire / Gary Ramage

That review, conducted by long-serving Howard government minister Philip Rudduck, concluded that the law should protect and promote freedom of religion.

Announcing the legislation alongside then attorney-general Christian Porter, Mr Morrison said there was “no more fundamental liberty” than freedom of religion.

“They’re not about protecting any individual religion … it’s about protecting Australians and an Australian’s right to believe in what they want to believe,” he said in 2018.

Since then, the Attorney-General has released two separate exposure drafts, but the final legislation has yet to be publicly released.

A controversial clause, named after Israel Folau, is said to have been dropped. Picture: Jono Searle/Getty Images

The reworked legislation is said to have removed the so-called Folau clause that would give legal protection to individuals from having employment contracts torn up as a result of expressing a religious belief.

It was named after rugby union player and former Wallaby Israel Folau, who was sacked in 2019 after he said hell awaited “drunks, homosexuals, adulterers” in a controversial Instagram post.

However, the revised laws are expected to retain a separate provision that would make it unlawful for an organisation to sanction someone for making offensive remarks.

The laws could also pose a roadblock to states and territories to enforce anti-discrimination rules in the hiring practices of religious schools and hospitals.

Whether the Bill goes far enough for both sides of the debate remains to be seen. Picture: NCA NewsWire / Gary Ramage

In a statement signed by 25 religious and faith-based school leaders on Monday, concern over the removal of some provisions was raised.

Overall the grouping welcomed the “long-overdue” Bill and hoped it would be enshrined now the more contentious parts had been removed.

But equality groups have expressed concern the Bill prioritises religious rights to the detriment to the LGBTQI community.

Whether the Bill goes far enough to quell the concerns of both sides of the debate remains to be seen.

Originally published as Religious Discrimination Bill back on government agenda after three-year wait