Libs, Labor close to consensus on gay student protections

Schools could be prevented from expelling children based on their gender or sexual identity by week’s end.

Attorney-General Christian Porter. Picture: AAP

Schools could be prevented from expelling children based on their gender or sexual identity by week’s end, after the government and Labor left open the possibility of reaching a deal to drive through legislation to protect gay students.

Attorney-General Christian Porter declared last night that the “door is now open for a resolution” after Scott Morrison and Bill Shorte­n exchanged letters in an attempt to reach consensus before parliament rises tomorrow.

An open letter to the Prime Minister, the Opposition Leader and crossbench parliamentarians was signed last night by a range of religious organisations sounding the alarm on what was described as an “extraordinary and unprecedented incursion on religious freedom”.

The letter, obtained by The Australian, warned that Labor’s bill “represents an extraordinary attack” on basic freedoms and, if government amendments were not accepted, argued there would be consequences that extended beyond the classroom.

The letter was signed by the Anglican Archbishop of Sydney, Glenn Davies; moderator-general of the Presbyterian Church of Australia, John Wilson; Christian Schools Australia and the Australian Association of Christian Schools.

“In the amendment to s37 of the Sex Discrimination Act proposed by Labor, anti-discrimination law would extend beyond the schoolyard and into churches, synagogues, mosques and temples nationwide wherever their actions are ‘connected with the provision … of education’, censoring doctrines that are thousands of years in the making,” the letter said.

“In removing the exception to discrimination law in s38(3) of the Act without providing any balancing measures for faith-based educational institutions (including tertiary institutions), the Bill would allow the threat of discrimination claims to censor religious teaching. The impact of these changes is to deny faith-based educational institutions the right to operate consistently with the principles on which they are founded and to build and maintain a culture of adherence to the tenets of their faith.”

The signatories implored Labor and crossbenchers, “in a spirit of bipartisanship on such an important issue, to support the government’s amendments”, arguing they provided a “measure of protection to the ethos of our institutions whilst ensuring that students do not face discrimination on the basis of their sexuality”.

The Senate is due to debate and vote on Labor’s bill to remove discrimination against students by lunchtime today, but the government is maintaining its two amendments would need to be agreed to in order for it to support the opposition’s legislation.

“If that could be agreed, this thing could move through literally tonight,” Mr Porter said. “We think we’ve offered a very balanced approach and I hope those negotiations reach a resolution.”

The proposed government amendments would explicitly protec­t the right of faith-based schools to teach in accordance with their religious doctrine, and impose rules without facing claims of sex discrimination.

They would also require the Human Rights Commission to consider the best interests of the student and the religious nature of the school when determining whether a rule imposed by the institutio­n was reasonable. Governme­nt and Labor sources said both the Prime Minister and Opposition Leader wanted the issue resolved and there were high expectations that would be ­achieved by the end of the week.

Centre Alliance yesterday shifted positions and decided to bring on a vote on the legislation after siding with the government on Monday to send Labor’s bill to a Senate committee for further examination. That move was lashed by opposition Senate leader Penny Wong as an “outrage”.