PM pushes ahead with controversial religious discrimination laws

Attorney-General Jaclyn Symes has said she “wouldn’t rule out any action” to fight a proposed federal Bill that could dilute Victoria’s discrimination laws.

Attorney-General Jaclyn Symes has vowed to fight proposed federal laws that could “water down” Victoria’s discrimination laws.

It comes as Prime Minister Scott Morrison plans to introduce new religious discrimination laws into parliament in the coming days.

Scott Morrison said the new religious discrimination laws would be a “shield, not a sword”, with Australians who make statements of belief to be protected from state anti-discrimination rules.

But while the long-awaited Bill does not include several controversial changes the government was considering, the Prime Minister still faces a difficult path to legislate it before the next election.

Ms Symes said she had sought advice from her department because she wasn’t fully clear yet of the commonwealth’s intentions.

“If there are any attempts to water down the Victorian laws which aim to protect people in organisations from being discriminated against based on their sexuality or their marital status, I will be firmly opposed to any measures that do that,” she said.

Ms Symes said she “wouldn’t rule out any action that is designed to dilute the equality that we strive for here in Victoria”.

Attorney-General Jaclyn Symes will fight the proposed federal laws if they dilute Victorian discrimination laws. Picture: David Crosling

Currently, religious organisations and schools can sack or refuse to hire LGBTQ+ people based on their sexual orientation or gender identity, where this is incompatible with the religious beliefs practised by that school or body.

The state government is attempting to narrow these exceptions, which would make it unlawful for religious bodies and schools to discriminate against an employee because of their sexual orientation, gender identity, marital status or other protected attribute.

“It is inappropriate to discriminate, to sack someone purely because they are gay, divorced or a single person, for example, and our laws firmly explain that,” Ms Symes said.

“If the federal laws, in any way, take away those rights to those people, I would be firmly against that.

“I would take all legal advice and the options available to Victoria to indeed defend the rights of those people.”

Coalition MPs voiced concerns about the proposed laws in their partyroom meeting on Tuesday before it is personally introduced in parliament by Mr Morrison this week.

Under the legislation, Australians would be exempt from state anti-discrimination laws if they made statements of belief “in good faith” that were not “malicious” or considered by a reasonable person to be threatening or intimidatory.

Such statements must be “of a belief that the person genuinely considers to be in accordance with the doctrines, tenets, beliefs or teachings of that religion”.

Religious-run hospitals, aged care homes, accommodation providers and disability service providers will be cleared to prioritise the hiring of staff from their own faith, but conscientious objection protections for health workers were left out so patients could not be turned away.

The Bill is also designed to supersede changes being made by the Victorian government to limit the right of religious groups to make employment decisions based on a person’s faith.

Instead, religious organisations, such as schools, will be able to preference employees because of their religious beliefs, as long as they publish written policies on their employment practices.

Victorian MP Fiona Patten says the Bill tramples human rights and states’ rights. Picture: David Crosling

Independent Victorian MP Fiona Patten declared the state government must launch a High Court challenge if the federal Bill becomes law.

“Discrimination Bills should provide shields not swords. The prime minister’s Bill is a disgrace,” Ms Patten said.

“This Bill tramples human rights and states’ rights. Were it to pass, it would sideline Victoria’s anti-discrimination tribunal, and, in effect, create and enshrine a right to be a bigot.

“In fact they don’t just overrule Victoria’s anti-discrimination laws they effectively redefine them. This is completely out of step with the principals of our federation.

“How could anyone hold that it is OK for an aged care facility, for example, to publish an ad for staff that said no Jews or Muslims need apply?”

Several Coalition MPs have raised concerns about Scott Morrison’s controversial religious freedom laws. Picture: Gary Ramage

Equality Australia chief Anna Brown warned overriding Victoria’s new laws would be “an extraordinary act of overreach”.

The reforms will be overseen by a new federal religious discrimination commissioner.

Mr Morrison told his colleagues it was a “sensible and reasonable” set of changes, but several flagged issues in Tuesday’s party room meeting. They succeeded in pushing for the Bill to be considered by a Senate inquiry that will not report until next year.

Anthony Albanese hit out at the government for not involving Labor in the drafting of the Bill.

“I support religious freedom. People need to be able to practice their faith,” the Labor leader told his colleagues.

“It’s extraordinary that there has been no attempt from the government to work with us on this issue.

Olympic legend Ian Thorpe, who is fronting an Equality Australia campaign against the Bill, said it “threatens to take us backwards as a society” by “winding back hard-fought protections for women, LGBTIQ+ people, people with disability and, ironically, people of faith”.