Albanese’s sudden retreat on religious discrimination sparks Dutton fury

Prime Minister Anthony Albanese has sparked a political firestorm over gay rights, gender and religious freedom by vowing to shelve changes to discrimination law unless he gains Coalition support for new rules for thousands of schools and other faith-based institutions.

The sudden move marks a retreat on Labor’s election pledge to update the law to protect the right of religious schools to practise their faith while also shielding teachers and students from discrimination on the basis of their sexuality.

Prime Minister Anthony Albanese during question time on Tuesday.Credit: Alex Ellinghausen

Opposition Leader Peter Dutton seized on the government’s new stance, accusing Albanese of trying to dump the election promise. Dutton turned the issue into a question of character and trust without declaring how the Coalition might vote on the changes.

Without the changes, religious schools would retain the right under federal law to sack gay teachers and expel transgender students, although some states and territories have blocked them from doing so.

The dispute revives the bitter arguments over religious discrimination when former prime minister Scott Morrison tried to enshrine laws for people of faith in 2018 and 2022 but was stymied both times by Liberals who sought to protect gay or transgender teachers and students.

With church leaders and school communities seeking to keep their right to hire and fire teachers over issues of faith, including sexuality, the row has the potential to fuel a cultural dispute that runs to the next federal election.

Peter Dutton has accused Albanese of breaching his confidence.Credit: Alex Ellinghausen

Albanese said during a Labor caucus meeting in Parliament House on Tuesday that he had told Dutton he would only proceed if the opposition leader could promise bipartisan support for the change.

Dutton responded by calling a press conference to furiously denounce Albanese for halting the changes and being unwilling to allow a Senate inquiry so parliament could debate the letter of the law.

“What sort of government is being run here by a prime minister who doesn’t stand up for his own position?” he said.

“The prime minister looked the religious leaders in the eye before the election, and he said that he would bring this legislation to the parliament.

“I just don’t think the prime minister here is doing anything other than looking for an excuse not to proceed. And that’s what should be called out.”

Albanese and Dutton spoke privately about the potential changes several weeks ago and again on Monday when they flew together from Canberra to the NSW Hunter Valley on an RAAF jet to attend the funeral of Lance Corporal Jack Fitzgibbon, the son of former Labor minister Joel Fitzgibbon.

Dutton confirmed those conversations and said Nationals leader David Littleproud and Deputy Prime Minister Richard Marles joined the talks.

At stake is a special exemption for religious schools in the Sex Discrimination Act to allow them to discriminate against students and staff on the basis of their sex, sexuality, gender identity, pregnancy or relationship status.

The argument for the exemption is that religious schools must be allowed to follow their faith, such as by asking teachers to adhere to the school’s beliefs.

Hospitals and aged care homes could also be caught by the changes if they are run by church groups and want to hire staff who follow their faith.

The prime minister told the Labor caucus meeting that he had held these talks with Dutton and explained that he did not want a divisive debate on religious freedom laws when tensions were already running high given fears of antisemitism and Islamophobia.

The Coalition promised action on religious discrimination in 2018 and again in 2022 but encountered strong objections from Labor, the Greens and others, leading some Liberals to cross the floor because of concerns that schools could sack gay teachers or expel transgender students.

When those plans failed, Albanese promised that a Labor government would pass religious discrimination laws to protect people of faith as well as scrapping the exemptions that allowed religious schools to discriminate against students and staff.

Once in power, Labor sent the issue to the Australian Law Reform Commission to advise on the changes. It has received the ALRC report and is due to release it on Wednesday or Thursday.

More recently, however, shadow attorney-general Michaelia Cash has raised concerns that Labor’s approach would turn into a “blasphemy law” because it would aim to stop people being vilified on the basis of their faith.

Greens MP Stephen Bates, the party’s spokesperson on LGBTQ policy, said he was disappointed that Labor wanted an outcome with the Coalition.

“Labor has the numbers to get these bills over the line with the Greens and the crossbench,” he said.

“Albanese shouldn’t give a win to Dutton and anyone else in parliament who’ll use this as an opportunity to attack LGBTIQA+ people.”

Greens MP Stephen Bates said the government did not need the Coalition to pass the reforms.Credit: Rhett Wyman

The Public Interest Advocacy Centre said it was “extremely concerned” at reports the government might backtrack on the laws to protect students and teachers in religious schools against discrimination.

Equality Australia legal director Ghassan Kassisieh said the prime minister had promised to protect people of faith from vilification while also protecting people from discrimination on the basis of their sexuality and gender identity.

“It’s a disappointment because every day that we delay means another teacher has lost their job, or been told to hide who they are, or a student has been denied enrolment because of who they are or whom they love,” he said.

Christian Schools Australia policy director Mark Spencer said he wanted to gain clarity on the government’s position but hoped for a bipartisan agreement.

“These are matters of principle, not politics,” he said.

“We need to have clarity that we can employ staff who share our beliefs and values. In some circumstances, that means we can have to let staff go if they don’t share our beliefs and values.

”We want our schools to be genuine communities of faith. We want to be able to teach what we believe. If we can’t, then there is no real choice for parents wanting the type of education we provide.”

Australian Christian Lobby national politics director Wendy Francis said stakeholders had been “kept in the dark” on the issue and wanted to see the details.

“The first time something of such importance for the majority of Australians is revealed, it should be in a discussion paper form, not as a bill,” she said.

“ACL agrees that now is not the right time for a divisive debate around religion, especially with the current rise in antisemitism in our nation, something we would never have expected to see in our country.”

Cut through the noise of federal politics with news, views and expert analysis. Subscribers can sign up to our weekly Inside Politics newsletter.