Faith shields back on agenda for religious discrimination laws

A-G’s appointment of judge linked to Jewish education puts the government on a path to deliver its pledge to protect people of faith from religious discrimination.

Attorney-General Mark Dreyfus speaks with Opposition Leader Peter Dutton behind the speakers chair in Question Time. Picture: NCA NewsWire / Gary Ramage

Religious discrimination legislation providing protections for faith groups and individuals is expected to return to the parliament next year, after Mark Dreyfus set an April deadline for an Australian Law Reform Commission review into exemptions for education institutions.

The Attorney-General on Friday appointed NSW Supreme Court Justice Stephen Rothman to lead the inquiry, advising “on the best way to protect staff in religious schools from discrimination” while maintaining the right of religious schools to hire staff from their own faith.

The appointment of Justice Rothman, who previously held senior roles in the Jewish education sector, puts the government on a path to deliver its pledge to protect people of faith from discrimination and ensure children are not discriminated against.

The Weekend Australian understands prominent Catholic, Islamic, Anglican, Jewish and other faith leaders are broadly supportive of the government’s pathway to enshrining religious protections in law.

The government is expected to restart the religious discrimination laws process from mid-2023 after Scott Morrison failed on his 2019 promise following push back from moderate Liberal MPs over concerns about discrimination against LGBTQ students and staff.

Mr Dreyfus said the inquiry was a “crucial first step towards implementing the Albanese government’s commitment to extending anti-discrimination protections to more Australians, including to people of faith and to staff and students in religious schools”.

“The government remains committed to legislating to protect people of faith from discrimination and vilification,” Mr Dreyfus said. “This legislation will be drafted in a manner that does not remove existing legal protections against other forms of discrimination.”

Lawyer Mark Fowler, an adjunct associate professor at the University of Notre Dame and University of New England, said the terms of reference “do not clarify that religious schools can continue to teach in accordance with their religious beliefs”.

“This is of concern because of the wide operation of the technical definition of ‘discrimination’, which, on existing authority, holds that mere statements can amount to discrimination,” Mr Fowler said.

Equality Australia chief executive Anna Brown said the inquiry must ensure Australian laws “no longer allow discrimination against LGBTQ+ people in religious schools and organisations”. She said everyone deserved the same legal protections from discrimination.