Hate-crimes bill could have ‘chilling effect’ on free speech, Christian schools warn

Christian schools have warned that Labor’s hate-speech laws could be ‘weaponised’ against religious teachings, as a push to introduce a serious vilification offence failed in parliament.

Labor’s hate-crimes bill could have a ‘chilling effect’ on free speech, Christian schools warn.

Christian schools have warned that Labor’s hate-speech laws could be “weaponised” against religious teachings and have a “chilling effect” on free speech, as a push to introduce a serious vilification offence was knocked back by the parliament.

The Australian Association of Christian Schools raised its concerns about the impact of the hate-crimes bill on faith-based schools, as the legislation passed the Senate on Thursday.

While the AACS stated it ­supported efforts to combat hate-motivated violence, the ­association’s executive officer, Vanessa Cheng, said including sex and gender identity as ­protected attributes could lead to limits on traditional religious teachings. 

Labor moved amendments late on Wednesday adding minimum mandatory sentences for terror offences to the bill, which criminalises “threatening force or violence” against targeted groups.

It represented a political win for the Coalition, which had proposed the introduction of six-year mandatory sentences for terror crimes last month.

“There is a real risk that the broad definitions and ­expanded list of attributes could criminalise religious teachings on sex or gender, which could be considered ‘hateful’ or ­‘harmful’ by some people,” Ms Cheng said.

“We are concerned the law could be weaponised and lead to a chilling effect on free speech and undermine the ability of churches and faith-based schools to teach and promote their deeply held beliefs.”

Another amendment put forward by Wentworth teal independent Allegra Spender enshrining a serious vilification offence by criminalising acts that “promote hatred” against protected groups, was rejected by Labor and the Coalition on Thursday.

Ms Spender’s proposal had been backed by the gay and ­gender-diverse community and Jewish groups amid a rise in anti-Semitic attacks, many of them in her eastern Sydney electorate.

“This was an opportunity for the Coalition and government to pass stronger laws against hate preachers and neo-Nazis, but both refused to support my amendments to criminalise speech that promotes hate,” Ms Spender said.

“I’m very disappointed, but will continue to fight for it.”

Christian Schools Australia said it was concerned about the “unintended consequences” of the bill, which could lead to the “possible criminalisation of religious speech” in educational settings.

The peak body had pushed for exemptions for statements made during “genuine academic, artistic, religious, educational or scientific purpose or any other genuine purpose in the public interest”.

“CSA calls on the parliament to consider the unintended consequences of this bill, specifically the possible criminalisation of religious speech (such as our Biblical teachings on sex and gender) within our schools,” the group said.

Anglican Bishop of South Sydney Michael Stead, with the support of Christian groups and the imams council, wrote to Attorney-General Mark Dreyfus on Tuesday, urging him to consider the “potential challenge that vilification law poses to religious freedom”.