Anthony Albanese says no religious freedoms changes without bipartisan support

Anthony Albanese told caucus he won’t proceed with changes to religious freedoms without bipartisan support, sparking claims he has ‘sold out’ LGBTQI+ students and teachers.

Anthony Albanese in his office at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

Anthony Albanese has thrown into doubt controversial changes to religious and sex discrimination reforms by making their passage conditional on bipartisan support, sparking claims he has “sold out” LGBTQI+ students and teachers while failing to deliver more protections for faith-based schools.

The Prime Minister informed his caucus on Tuesday he would not proceed with an election promise to make changes to the Sex Discrimination Act or introduce a religious freedom bill ­unless Peter Dutton – who he met twice on the issue – offered his approval.

The revelation prompted the Opposition Leader to declare Mr Albanese, who declared himself a “conviction politician” to justify why he pushed ahead with the unsuccessful voice referendum, was trying to “quash the whole process” before legislation had been released. He accused the Prime Minister of “trying to find an out on a topic that he doesn’t want to go anywhere near”.

Leading LGBTQI+ groups warned Mr Albanese would betray students and staff if he didn’t proceed with the changes, urging him to fulfil his election commitment and deliver laws that would “protect all of us, equally”.

While Mr Dutton wouldn’t indicate the Coalition’s position until he had seen the government’s laws nor recommit to taking his own religious discrimination policy to the next election, The Australian understands a number of opposition MPs view the removal of section 38 from the Sex Discrimination Act as a “red line” that can’t be crossed. One Coalition MP warned it would be “bedlam if that happened”.

The current exemptions in section 38 of the act allow religious education institutions, when hiring, to preference teachers who are of the same faith as the school. They also allow schools to insist that students adhere to the doctrines, tenets, beliefs and teachings of a particular religion.

The Australian has been informed that an Australian Law Reform Commission report will recommend the removal of Section 38 from the act in its entirety in a report that is due to be tabled no later than Thursday.

Australian Federation of Islamic Councils president Rateb Jneid said how the government progressed the legislative agenda was a political decision but he was concerned about the impact the changes would have on the community. “The proposed changes do not have wide enough community support and the government needs to consult and listen to all the voices in this discussion,” Dr Jneid said.

Melbourne Catholic archbishop Peter Comensoli appealed for the major parties to reach an agreement. “After years of contentious debate we hope that the government and opposition can agree to discuss religious freedom and to work with faith communities in a non-contentious way to see if a ­bipartisan agreement can be reached,” said Archbishop Comensoli, the Australian Catholic Bishops Conference spokesman.

Addressing colleagues on Tuesday, the Prime Minister said two pieces of legislation were in draft form and the government had produced a balanced position that protected religious liberty and the right of schools to employ, while also protecting the rights of children. “If there is not agreement, then now is not the time to have a divisive debate, especially with the rise in anti-Semitism and Islamophobia,” Mr Albanese said, according to a caucus spokesman.

Labor would not commit to a time frame by which it would ­release its draft laws.

Senator Michaelia Cash and Peter Dutton on Tuesday. Picture: NCA NewsWire / Martin Ollman

The Prime Minister suggested comments from opposition legal affairs spokesman Michaelia Cash over the weekend “might mean there isn’t agreement, but we still don’t know”.

According to the caucus spokesman, Mr Albanese listed faith groups that had been supportive of the government’s approach, including the Catholic Church, Sydney Anglicans and Australian National Imams Council.

Senator Cash said the Prime Minister was being unrealistic if he expected bipartisan support from the Coalition for religious discrimination laws it hadn’t seen, while accusing the government of gagging religious leaders from talking about its proposals.

“Mr Albanese has also indicated that even if he brings forward these bills, he wants them passed through the parliament without an inquiry,” Senator Cash said.

“In the first instance, as anybody who was involved in the legislative process would know and in particular with legislation as complicated as this, that’s just bad process.

“Mr Albanese once again as the Prime Minister of this country, is merely shirking his responsibilities and is just using the opposition as an excuse.”

Government sources said it was not unusual to have confidential consultation and Labor valued constructive conversations with a range of stakeholders.

Mr Dutton attacked Mr Albanese’s character and declared his election promise had “turned into a lie”.

“He went to the election … promising to be open, transparent, inclusive, bring people together in a process,” the Opposition Leader said.

“He’s not done that. He’s looking for a way to crash this before the legislation has already been released.”

The Australian understands West Australian Liberal senator Matt O’Sullivan spoke out in the Coalition’s joint party room meeting, saying he could not support any religious freedoms reforms that removed section 38 from the Sex Discrimination Act. Senator O’Sullivan told his colleagues that the removal of section 38 would not provide any guardrails for schools allowing them to maintain their values and their faith.

He said the removal of this section would expose religious schools to future litigation.

The comments received widespread agreement from his Coalition MPs.

The Australian understands that South Australian Liberal senator David Fawcett also raised concerns about potential reforms to religious freedoms proposed by Labor.

The exemptions in Section 38 have created controversy because they are expressed as lawfully allowing schools to “discriminate” on the basis of an individual’s sex, sexual orientation, gender identity or relationship status in limited circumstances.

Just.Equal Australian spokesman Rodney Croome said Mr Albanese had “sold out” LGBTQI+ students and staff by giving a “veto” to the Coalition.

“Tasmania has banned discrimination by faith-based schools against LGBTIQA staff and students for a quarter century without the sky falling in. Other states have recently followed suit. It’s deeply disappointing Anthony Albanese has put prejudice ahead of the equal human rights of vulnerable students and hardworking teachers.”