Deal to protect LGBTQI students sets up vote on religious freedom

A deal on the treatment of gay and lesbian school students could clear the way for Prime Minister Scott Morrison to get his Religious Discrimination Act through the House of Representatives this week, overcoming Labor objections to his signature bill.

The deal has gained support from some Liberal MPs to vote for the Religious Discrimination Act if it is put to a vote in the lower house, despite earlier reservations about the impact of the draft law on the LGBTQI community.

A deal on the treatment of gay and lesbian school students could clear the way for Scott Morrison to get his Religious Discrimination Act through the House of Representatives this week.Credit: Alex Ellinghausen

If they back the religious freedom bill, Mr Morrison and his senior colleagues appear willing to remove a highly contested section of the Sex Discrimination Act that gives religious schools the authority to expel or suspend students because of their sexuality.

But the offer may not be enough to guarantee the numbers in the lower house for the Religious Discrimination Act, with three moderate Liberal MPs said to be holding out against rushing the law this week while it is meant to be reviewed by an inquiry over summer.

The government is struggling to secure approval from Bridget Archer, Warren Entsch and Trent Zimmerman for the changes, which are strongly opposed by Equality Australia and other groups representing LGBTQI people.

Mr Entsch, one of the backbenchers who helped legislate marriage equality in 2017, is said to have significant concerns about passing the Religious Discrimination Act this week but is yet to declare his position in public.

“You’ll see if and when it comes up,” Mr Entsch said. “I’ve got a very strong position but I’m not going to do a running commentary.”

Ms Archer crossed the floor against the government last week to vote for a debate on a national integrity commission, supporting Victorian independent Helen Haines. Mr Morrison responded by calling Ms Archer to a meeting which she later said she had not wanted to attend.

She told The Sydney Morning Herald and The Age she would prefer the vote on the religious freedom bill to wait until after a parliamentary committee reports on the changes on February 4.

Mr Zimmerman has also voiced concerns about the Religious Discrimination Act and joined Mr Entsch in leading the 2017 campaign within the Liberal Party to legislate marriage equality over the objections of Tony Abbott, the prime minister at the time.

Four Liberal MPs with concerns about the religious freedom bill, Katie Allen, Angie Bell, Fiona Martin and Dave Sharma, indicated they would vote for the Religious Discrimination Act because of the new offer to amend the separate provisions on the treatment of gay and lesbian students.

Section 38 (3) of the Sex Discrimination Act allows a religious school to discriminate against students on the basis of sexual orientation, gender identity or pregnancy if it is done “in good faith in order to avoid injury to the religious susceptibilities of adherents” of the religion.

Mr Morrison promised in October 2018 to change the law so schools would not have the right to expel students because of their sexuality but the government never passed the amendment, amid disagreement with Labor.

Mr Sharma, the member for Wentworth in eastern Sydney, did not give his unqualified approval to the religious discrimination changes, saying he wanted the bill to be reviewed by a parliamentary committee that is due to report by February 4, but he welcomed the offer to change the Sex Discrimination Act.

“Preventing the ability of religious schools to discriminate against students and teachers on the basis of sexual orientation or gender identity remains of fundamental importance to me,” he said.

“This amendment goes some way to addressing this concern, but further measures are needed and I will continue to push for these.”

Ms Bell, who represents Moncrieff on the Gold Coast, said the Religious Discrimination Act was a “reasonable and necessary” law to put to the House of Representatives because Mr Morrison promised the changes at the last election.

“Under my proposal, the Sex Discrimination Act will be amended to remove the clause exempting religious schools from making decisions based on a child’s sexual orientation,” Ms Bell said.

“There is still work to be done to ensure greater equality for all Australians. This is a step in the right direction.”