‘Serious problems’ put Anglicans off religious freedom bill

The Anglican Church says it won’t support the religious discrimination bill in its current form.

16/4/19: Anglican Bishop Michael Stead at St Andrews Cathedral in Sydney. Picture: John Feder

The Anglican Church says the Morrison government’s draft religious discrimination bill contains problems “so serious” it cannot support the law in its current form, warning some religious groups like Anglicare and Anglican Youthworks may not be protected.

In its submission to the government on the exposure draft, the Anglican Church Diocese of Sydney outlined seven issues that needed to be addressed and called on Attorney-General Christian Porter to expedite the Australian Law Reform Commission’s inquiry into laws which impact on religious freedoms.

The deadline for the ALRC review — which will examine exemptions that allow ­religious schools to refuse gay ­students and teachers — was extended to December 2020.

Bishop Michael Stead said the diocese welcomed the proposed bill because it provided general protection for people of faith from discrimination in Commonwealth law but there were “major problems with the current drafting”.

Under clause 10 of the draft laws, religious bodies “may act in accordance with their faith” and do not discriminate against a person if their conduct may reasonably be regarded as being in accordance with their doctrines, tenets, beliefs or teachings.

A religious body that “engages solely or primarily in commercial activities” is excluded.

Bishop Stead said the draft bill’s explanatory memorandum made it clear religious hospitals and religious aged-care providers would not be considered religious bodies.

Anglican Youthworks, which charges fees to run “Christian Outdoor Education” programs, could also be disqualified because it engages in commercial activity.

“As a matter of principle, there are no good arguments that receiving a fee somehow nullifies the activity as a legitimate means of pursuing a religious purpose or mission — an activity is no less religious simply because it has a commercial character,” the submission states.

“A test which disqualifies a religious body based on whether it engages ‘primarily in commercial activities’ is novel in Australian charity and anti-discrimination law, and should not be included in this Act.”

While the Anglicans commended the bill for making it unreasonable for a large employer to restrict the expression of religious belief outside work hours — to prevent another Israel Folau case — Bishop Stead said the clause may have a perverse effect.

It could encourage companies like Qantas to pull its sponsorship of the Wallabies, he said, to create financial hardship and justify any restriction of religious speech.