Anthony Albanese changes his position on religious discrimination reforms: now open to negotiating with Greens

Anthony Albanese has changed his position on the passage of religious discrimination reforms and is now open to negotiating an outcome with the Greens instead of the Coalition.

Prime Minister Anthony Albanese in the caucus room at Parliament House in Canberra. Picture: NCA NewsWire / Martin Ollman

The Greens say they’re willing to horse trade over religious discrimination laws but concede their only interest is in protecting queer and transgender students, after Anthony Albanese left open the option of negotiating a deal with the minor party.

With Labor MPs concerned about religious discrimination reforms that could offer greater protections to LGBTQI+ students being killed off in this term, the Prime Minister changed his position on the passage of the laws and said he would talk to the Greens if the party supported the rights of religious Australians to practise their faith.

It came just one week after Mr Albanese declared he would only proceed with reforms to religious discrimination changes with bipartisan support from the Coalition.

“I do not want to see a reckless debate without achieving an outcome,” Mr Albanese told his caucus, according to the spokesman.

“There are two pathways, either with support from the Greens or with support for the opposition. We are concerned about all the forms of discrimination. If the Greens are willing to support the rights of people to practise their faith, then that would be a way forward, but we don’t currently have that.”

Mr Albanese offered examples of discrimination the government didn’t want to see, including a woman in Bankstown having a hijab removed or a Jewish student being harassed, or a student being discriminated against “because of who they are”, in reference to their gender or sexuality.

Greens justice spokesman David Shoebridge – who wasn’t shown the government’s draft legislation in a meeting with Attorney-General Mark Dreyfus on Tuesday - said the party had “only one set of interests” in trying to negotiate an outcome.

“It’s about protecting queer and trans kids from being discriminated against in school. It’s about living up to Labor’s election commitment and ensuring that schools are welcoming and positive places for every kid to be a student, and we will do what it takes to get those laws through parliament,” Senator Shoebridge said.

The Greens have endorsed the Australian Law Reform Commission’s final report into educational institutions and anti-discrimination laws, which argues section 38 of the Sex Discrimination Act allowing religious schools to discriminate on the basis of sex, sexual orientation, gender identity or relationship status should be overturned.

Under the proposed change, a new Religious Discrimination Act would be created to give religious institutions the ability to preference teachers based on their faith.

The Australian has been told the government’s draft laws reflect those ALRC recommendations.

“We understand why the Law Reform Commission landed where they did and gave some elements of wriggle room to schools that are faith based … We would legislate that package,” Senator Shoebridge said.

“We have said to the Attorney, and we say to the Prime Minister, we are willing to work with the government to get these laws through but it starts with sharing the legislation with us.”

Opposition legal affairs spokeswoman Michaelia Cash, who also met with Mr Dreyfus for the first time on Tuesday since the Coalition was handed the government’s draft religious discrimination bills, said she shared “a number of initial concerns” raised by stakeholders.

“It is up to Mr Albanese to explain to the Australian people, particularly people of faith, his comments to caucus about doing a deal with the Greens in relation to religious discrimination laws, given the Greens long-running hostility towards religious education and religious institutions,” Senator Cash said.

“These comments are even more disappointing given we are but days away from the most important dates in the Christian calendar, Easter. As recently as last week the Australian Greens were saying that the mere debate about religious discrimination laws gave rise to hate.”