A group of Liberal MPs has warned Attorney-General Michaelia Cash that several parts of the draft Religious Discrimination Bill are unacceptable to them, including the so-called “Israel Folau law” that would give legal protection to “statements of belief” made in the name of religion.
Several MPs have spoken with Senator Cash to make their views on the draft bill clear, with significant revisions expected before it is introduced to Parliament by the end of the year.
Attorney-General Michaelia Cash during the final parliamentary sitting week in June.Credit: Alex Ellinghausen
Topping the list of grievances is a provision that would prevent large employers taking action against employees for expressing their religious beliefs in a private capacity, unless the employer can demonstrate the expression would cause unjustifiable financial hardship to their business.
The so-called Folau clause stems from Rugby Australia’s controversial decision to terminate Israel Folau’s contract over social media posts claiming that homosexuals, adulterers, atheists and other “sinners” would go to hell.
Liberal MP Dave Sharma said this part of the bill - as well as a section allowing health practitioners and others to conscientiously object to performing certain activities - posed the most serious risk to people in the LGBTQI community.
“I’ve got strong objections to the bill as it is currently drafted,” he said. “The bill should be narrowly cast so it provides the same level of protection against discrimination on the basis of religion that people have on race and gender. But it shouldn’t go any further than that.”
The so-called Folau clause stems from Rugby Australia’s controversial decision to terminate Israel Folau’s contract over social media posts.Credit: Getty
Mr Sharma is among the MPs who met Senator Cash in the final parliamentary sitting week in June. He predicts significant revisions to the bill drafted under her predecessor Christian Porter.
“I don’t expect that that’s the bill we will be expected to vote upon,” Mr Sharma said, adding the draft bill had been “uniformly unpopular” among religious groups and the LGBTQI community.
Liberal MP Warren Entsch, who was instrumental in the legalisation of same-sex marriage and the advance of LGBTQI causes in the Coalition, said his position on the draft bill was unambiguous.
Queensland Liberal MP Warren Entsch.Credit: Dominic Lorrimer
“I haven’t spent 19 years of my political career removing discrimination from one section of our community to allow it to be reimposed under the auspices of this bill,” he said.
“If there’s any suggestion that this discrimination is going to be reintroduced, I will not support it, end of story, and I’ve made that very, very clear.”
The group of Liberals, including Goldstein MP Tim Wilson, NSW senator Andrew Bragg, North Sydney MP Trent Zimmerman and West Australian senator Dean Smith, is working closely with LGBTQI group Equality Australia.
Senator Cash is said to be well aware of the divergent views within the Coalition party room and keen to deliver a bill that navigates the maze without upsetting the apple cart. She has also met with Equality Australia about the bill.
Prime Minister Scott Morrison went to the last election promising a religious discrimination act after failing to deliver on an earlier promise to end exemptions that allowed religious schools to turn away LGBTQI students.
Instead, the Australian Law Reform Commission has been asked to review those exemptions, but they are not due to begin that work until the Religious Discrimination Bill passes the Parliament.
But Senator Bragg said the forthcoming Religious Discrimination Bill should be used to provide protection for LGBTQI students and staff.
“I don't think in 2021 people should be sacked for being gay if they’re teaching in accordance with theology,” he said.
Mr Wilson said he looked forward to delivering on the Coalition’s commitments, but warned: “Before the last election we promised a Religious Discrimination Bill consistent with other anti-discrimination law, not a religious freedom bill that grants illiberal special privileges, nor a religious bill of rights that subverts everyone else’s freedoms.”
Mr Sharma said he was “disappointed” by the government’s failure to fix the issue of religious schools discriminating against LGBTQI students and teachers. “That is a real problem that needs addressing. We made a commitment, and we should address it sooner rather than later,” he said.
Senator Cash did not respond to a request for comment.
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