Keep ‘Folau clause’ out of religion bill, law firms MinterEllison and Maurice Blackburn say

MinterEllison and Maurice Blackburn join a broad coalition expressing dislike for second draft of the act.

Religious freedom bill critics have circled on the “Israel Folau clause”. Picture: Getty Images

Scott Morrison’s religious discrimination bill must clearly allow employers to sack workers who make “offensive” statements backed up by their faith or be scrapped entirely, two of Australia’s biggest law firms say.

MinterEllison and Maurice Blackburn have joined a broad coalition of religious groups, LGBTI advocates, business representatives and trade unions who have expressed their dislike for Attorney-General Christian Porter’s second draft of the act.

Secular critics of the bill have circled on the “Israel Folau clause” which would – in theory -protect people like the rugby star from being fired for making controversial statements against issues like same-sex marriage or abortion so long as the statement is based on their religious beliefs.

MinterEllison – one of the ‘big six’ law firms with long historic ties to the Liberal Party – said in a submission to the Attorney-General that changes must be made to allow employers to sack workers who make offensive comments whether based on their religion or not.

“Statements of belief, even if made genuinely and in good faith, may still be profoundly offensive and distressing to others,” the MinterEllison submission reads.

“Statements of belief which are offensive to members of the LGBTI+ community or on the basis of an individual’s religion or gender can be readily contemplated. However, there are undoubtedly many other circumstances where significant offence and distress might be caused.

“MinterEllison’s view is that employers should not be prevented or restricted from taking any reasonably necessary step to protect the health and welfare of its employees in all circumstances, including where the potential for harm occurs as a consequence of a statement of belief, irrespective of the genuineness or good faith of that statement of belief, and wherever the conduct occurs.”

Labor-linked law firm Maurice Blackburn called for the bill to be scrapped completely and religious discrimination to be either worked into a Bill of Rights or current workplace laws.

“As currently drafted, it is our belief that the Bills would allow the right to religious expression to take precedence over the right not to be discriminated against on the grounds of race, sex, sexual orientation, disability, or age.

“We urge the Department and the Government to reconsider whether the introduction of the Bills is the most appropriate solution to the identified problem.”

The Morrison Government has not yet revealed when it will submit its final religious discrimination bill into parliament, despite it being a key election pledge.

Christian schools called for tougher protections last week after Ballarat Christian College settled with a former teacher who claimed its teachings against same-sex marriage discriminated against her.

Former Victorian crown counsel Mark Sneddon last week said the current religious discrimination draft bill left Australians of faith still open to discrimination and its definition of religious activity left the bill “largely useless.