Australians don’t want to see culture wars in religious discrimination fight, Prime Minister Anthony Albanese says

The Prime Minister has warned against division after a major report called for an overhaul of the nation’s religious schools.

Anthony Albanese has warned against engaging in “culture wars”, declaring that all Australians should be treated with respect after a landmark report called to scrap exemptions allowing faith-based schools to discriminate against LGBTQ+ students and staff.

The Prime Minister responded to the findings of the Australian Law Reform Commission’s final report on religious educational institutions and anti-discrimination laws, released on Thursday.

The report was released days after Labor threatened to ditch its promised religious discrimination reforms unless it gained bipartisanship.

Speaking to reporters on Friday, Mr Albanese said he would formally respond to the findings “due time” but reiterated that individuals should be treated with respect regardless of their sexuality or gender identity

“I have made it very clear from very early on in this process in the meetings I have had with faith leaders and others that this needs bipartisanship because I don’t want this to be an issue in which we go through the old culture wars,” Mr Albanese said.

“Australians do not want to see the culture wars and the division out there. I want this to be an opportunity for unity going forward and that is why we have provided the legislation to the opposition.”

The report has called on the government to repeal the Sex Discrimination Act that allows schools to discriminate against people on the basis of their sex, sexual orientation, gender identity, intersex status, marital or relationship status. NCA NewsWire/Sarah Marshall

The ALRC has recommended that section 38 of the Sex Discrimination Act be scrapped in its entirety to remove the right of religious educational institutions to insist students and staff adhere to the doctrines, tenets, beliefs and teachings of the religion.

Mr Albanese said he would continue to urge the opposition and the crossbench to get on-board with the two Bills Labor has drafted in response to the long-awaited report.

“That is the parliament that the Australian people voted for. I respect that. That is what we have to deal with. We have put forward our legislation, the legislation is there, we have given it to the opposition. We await their response,” he said.

But Greens senator David Shoebridge has insisted that Mr Albanese urgently legislate on the ALRC recommendations, arguing he should immediately engage with progressives in both houses of parliament.

“We could end students being discriminated against in school because they’re queer or trans. We could stop teachers from being sacked because they’re single parents on the basis of religious discrimination,” Senator Shoebridge told a press conference.

“We could end that in a heartbeat if the Albanese government had the courage to legislate these recommendations into law.

“That is a crucial lack of leadership from the Albanese government and we urge him and his team to join with the Greens, work through these recommendations and legislate them as soon as possible.”

Senator David Shoebridge accused Mr Albanese of giving the Liberals a ‘veto’ on the laws. Picture: NCA NewsWire / Martin Ollman

While Christian and Muslim organisations have warned that adopting the recommendation would undermine schools’ rights to hire staff who abide by the faith, Olympian Ian Thorpe joined equality campaigners to call on Labor to honour its election pledge to change the laws.

Deputy Prime Minister Richard Marles on Friday said the government, which received the report before Christmas, would carefully consider the ALRC recommendations.

“We want to see the reforms in relation to dealing with issues of religious discrimination, but it is really important that we are walking forward with consensus,” Mr Marles told ABC News.

“The Attorney-General has been doing a great job in speaking to people and stakeholders across the community, including religious schools. They will continue to do that in respect of this report.

“But we need to try and build consensus in this country around moving down the path we eventually do, and that involves also building consensus across the parliament.”

A new report has recommended a major overhaul to Australia’s discrimination laws. Picture: NCA NewsWire / Sarah Marshall

As it stands, section 38 allows institutions to discriminate against students and staff based on their sexual orientation, gender identity, marital or relationship status or pregnancy.

Supporting its recommendation that the government appeal the section, the report said doing so would be: “to narrow the circumstances in which it would be lawful to discriminate against students or staff at religious educational institutions, on the basis of attributes protected under the Sex Discrimination Act”.

The ALRC also said the Fair Work Act should be changed so that religious education institutions could give preference to employing staff of the same religion, if it was necessary to build or maintain a community of faith.

An equivalent exception for religious schools should also be included in any future Religious Discrimination Act.

“The overall effect of implementing (this recommendation to amend the Fair Work Act among others) would be to narrow the circumstances in which it would be lawful to treat staff (particularly existing employees) at religious educational institutions differently on the ground of religion,” the report read.

“(It would also) ensure that differential treatment on the basis of religion does not allow for discrimination on SDA grounds.

“(It would also) allow religious educational institutions to give preference to persons of the same religion in selecting employees, in order to build and maintain a community of faith.”

Olympian Ian Thorpe said the government should act on the recommendations ‘right now’. Picture: NCA NewsWire/Gary Ramage

In tabling the report, Mr Dreyfus said the Albanese government wanted an “enduring solution” to protect students, teachers and religious Australians.

“The government will seek to enhance protections in anti-discrimination law in a way that brings Australians together,” Mr Dreyfus said.

“Just as Commonwealth law already prohibits discrimination on the basis of race, gender, sexuality, disability and age, no one should be discriminated against because of their faith.

“Equally, no students or member of staff should be discriminated against because of who they are. At the same time, religious schools must continue to be able to build and maintain communities of faith. The government recognises and respects the right of parents to send their kids to a religious school because of the beliefs and values they teach their children.”

The government is seeking bipartisanship for its religious discrimination reforms, declaring Coalition support “essential”.

Nationals MP Barnaby Joyce on Friday said parents had the right to send their children to faith-based schools.

“And, if you don’t like it, you can send them to a state school,” he told Sky News.

“You can’t take away the right of a parent.”

Attorney-General Mark Dreyfus tabled the ALRC report on Thursday, saying the government would consider the recommendations. Picture: NCA NewsWire / Martin Ollman

Mr Albanese told the Labor caucus on Tuesday that he would not proceed with his election promise to reform religious discrimination laws unless the Coalition guaranteed its support.

Labor committed to amending the anti-discrimination laws after the former Morrison government failed to enshrine protections for students and staff based on their gender identity.

Liberal senator Simon Birmingham this week said the Coalition couldn’t guarantee support if they hadn’t seen legislation.

Following the tabling of the ALRC report, national LGBTIQ+ group Equality Australia called on the federal government to adopt the recommendations.

“Labor committed to these reforms before coming to power but discrimination against LGBTQ+ students and staff is happening in religious schools across the country because of gaps in Australian laws that makes it lawful,” legal director Ghassan Kassisieh said.

“The time has come for our laws to be consistent with Australia’s international human rights obligations and reflect who we are as a nation in the 21st century.”

The Australian Human Rights Commission has also urged the government to introduce legislation in line with the ALRC report.

“Our federal laws must not allow discrimination against students or teachers at any school on the basis of their sex, sexuality or gender identity, and I encourage the government to amend the Sex Discrimination Act accordingly,” Sex Discrimination Commissioner Anna Cody said.

“Our laws should also ensure that the allowance of preferential employment by religious institutions should only occur where it is necessary to maintain a community of faith, and any such allowances should be reasonable and proportionate. This is in keeping with international human rights law.”

The Association of Christian Schools, however, said if the government were to adopt the recommendations, “Christian education as we know it will cease to exist”.

The Australian Christian Lobby called on the opposition to “remain steadfast in rejecting” the proposal.