Analysis: Scott Morrison’s handling of the gay students saga was a major strategic failure by the PM

INITIALLY Scott Morrison was fine with schools rejecting gay students, now he wants to remove that power. What happened?

ANALYSIS

A FEW short days ago, Prime Minister Scott Morrison refused to say whether he was comfortable with religious schools being able to reject gay students.

But his ham-fisted handling of the explosive issue since then has forced the government into an uncomfortable backflip and a pledge to change existing laws to prevent discrimination.

Confusion, an unexpected community backlash and the looming must-win Wentworth by-election have seen Mr Morrison backed into a corner over religious freedoms.

Now, the government has announced it will strengthen discrimination laws to remove the ability of any school to exclude children based on their sexuality.

It has all proved to be another distraction that the PM could have done without.

WHAT EXACTLY HAPPENED?

The government announced a wide-ranging review into religious protections in the wake of the passage of same-sex marriage last year.

Unlike other inquiries, this one was done in secret so it wasn’t clear what kinds of submissions were being made. The final report, overseen by former Liberal MP Phillip Ruddock, was delivered to then-Prime Minister Malcolm Turnbull in May.

This was a fight Prime Minister Scott Morrison didn’t want to have — especially before the Wentworth by-election. Picture: AAP

Since then, it has sat in a desk drawer and there was wild speculation about why it was being hidden. We now know.

The report was not entirely the outcome that conservatives and religious lobby groups hoped it would be. For some, it would be seen as not going far enough.

At the same time, equality advocates were likely to be uncomfortable with it and see it less about protecting religion and more about allowing faith-based groups to freely discriminate.

For a government on the right of the political spectrum, there was little incentive to act on the recommendations — and even less so for an evangelical Christian PM.

The section that leaked on Wednesday dealt with the ‘right’ of religious schools to reject students that did not meet their values.

“To some school communities, cultivating an environment and ethos which conforms to their religious beliefs is of paramount importance,” the review said.

“To the extent that this can be done in the context of appropriate safeguards for the rights and mental health of the child, the panel accepts their right to select, or preference, students who uphold the religious convictions of that school community.”

Independent candidate for Wentworth Kerryn Phelps lashed out at the leaked Ruddock report into religious freedom. Picture: AAP

Long-time marriage equality advocate Rodney Croome said any school that took public money shouldn’t be free to bar gay teachers or students.

“The Ruddock inquiry recommendations are direct and shameful assault on the dignity and equality of LGBTI people and we will oppose their implementation tooth and nail,” Mr Croome said.

“Schools should be places of learning, not breeding grounds of prejudice.”

On the day the section emerged, Mr Morrison was addressing the media and refused on several occasions to say whether he was comfortable with schools rejecting gay students.

“It is existing law,” he told reporters on the NSW Central Coast. “We’re not proposing to change that law to take away that existing arrangement.”

IT WAS NIGHTMARE TIMING

The leak could not have come at a less convenient time for the government.

The upcoming Wentworth by-election, forced by the resignation of Mr Turnbull after he lost the Liberal leadership, is on a knife’s edge.

A normally safe Liberal seat, its loss would plunge the government into uncertainty and end its one-seat majority, not to mention provide an embarrassing warning sign of its prospects at a general election.

When only a section of Phillip Ruddock’s report was leaked, enormous confusion spread through the community — a confusion Scott Morrison failed to clear up. Picture: AAP

Voters in Wentworth overwhelmingly backed same-sex marriage and Mr Turnbull remains a very popular local figure. The electorate also takes in suburbs with a high LGBT population.

A PM who seemed to indicate his support for the religious school powers, by not condemning them, would not help prospects.

While it may be existing Commonwealth law and the law in many states, neither Tasmania nor Queensland allow schools to discriminate against students on the basis of sexuality.

OTHERS SEIZED OPPORTUNITY

For opponents of existing laws, Mr Morrison’s wishy washy response presented a chance to create a wedge and drive change.

On Thursday, Labor said it did not like the laws but would not be rushing to change them.

Tanya Plibersek told reporters that “we’re not proposing to change any of the current exemptions for … schools”.

By Friday, Opposition Leader Bill Shorten announced that he would be willing to work with the government to remove the powers.

Deputy Federal Opposition Leader Tanya Plibersek initially said Labor didn’t plan to change the laws allowing schools to reject gay students. Picture: AAP

Director of the Human Rights Law Centre, Anna Brown, said: “Australians voted yes to fairness and equality, not more discrimination against LGBT people. The Government should be protecting kids in schools, not allowing them to be turned away for be gay or trans”.

Green Senator Mehreen Faruqi was more direct: “This is just utter crap. No religious school should be able to get away with discrimination, let alone with public funding”.

Legislated #homophobia is not #religiousfreedom because true religious freedom is the freedom not to discriminate #Auspol #LGBT pic.twitter.com/MEaOQlXEfL

— Fr Rod Bower (@FrBower) October 10, 2018

A sense of unease in many parts of the community about the religious freedom report and what else might be in it forced Mr Morrison on Thursday to be more emphatic.

He said he was “not comfortable” with students being excluded from religious schools because of their sexuality.

By Friday, Mr Morrison announced that the government would strengthen discrimination laws and prevent any school from excluding students.

The whole thing was a poorly handed saga and distraction that Scott Morrison could’ve done without. Picture: Jono Searle.

“Our government does not support expulsion of students from religious non-state schools on the basis of their sexuality,” Prime Minister Scott Morrison said in a statement.

“I also know that this view is widely shared by religious schools and communities across the country.” The coalition government is working on amendments it plans to make law within the next two weeks.

“I will be taking action to ensure amendments are introduced as soon as practicable to make it clear that no student of a non-state school should be expelled on the basis of their sexuality,” Mr Morrison said.

SUCH UNNECESSARY CONFUSION

In the wake of Wednesday’s reports on the leak, Mr Morrison could have taken the opportunity to end the confusion and, as he put it, the “misreporting”.

Instead, he held firm that he would not release full details of the Ruddock Report and that Cabinet would consider it in full at a later date.

A line of ministers came out to say they hadn’t seen the report and therefore wouldn’t comment on its contents.

Labor leader Bill Shorten announced a change in policy and a plan to work with the government to end discrimination. Picture: AAP

But on Wednesday, ABC’s Radio National Drive program said that “a representative of the Melbourne Catholic archdiocese” described the recommendations as “underwhelming”.

It indicated that at least one major religious group had seen the report.

As one Twitter user asked: “Why is the Melbourne Catholic archdiocese entitled to see the review but parliament isn’t?”

In the wake of growing community anger, Senator Derryn Hinch flagged that he would push to have public funds taken away from any school that discrimination against gay students.

A STRATEGIC FAILURE

The handling of this issue by Mr Morrison was deeply flawed.

He drew greater attention to the problematic religious freedom report than was needed and created a vacuum in which the community was left angry or wary about its contents.

He allowed the government to be wedged on the issue of religious schools powers and was forced to clarify his own confusing personal position.

Then, he was left with little choice but to commit to changing a law that few previously knew existed and that his base would want to see remain.

Labor didn’t cover itself in glory either and was forced to change its position.

At the end of the day, no one in politics won the issue. The only real winner from a messy few days is schoolchildren, which is not a bad outcome.

- Continue the conversation with Shannon Molloy on Twitter @sleemol