Major parties at odds over gay students law

Attorney-General Christian Porter has delayed legislation protecting gay students from discrimination.

Attorney-General Christian Porter in parliament. Picture: Kym Smith

Attorney-General Christian Porter has delayed legislation protecting gay students from discrimination because it could create a legal loophole and stop religious schools from insisting on regular church ­attendance for pupils.

The Coalition and Labor yesterday failed to reach agreement on a draft bill that would wind back exemptions in the Sex Discrimin­ation Act for faith-based schools.

The existing exemptions allow religious schools to discriminate against students on the basis of their sexual orientation or gender identity.

The lack of consensus between the major parties means action will be delayed until at least the end of November — well beyond the two-week timeframe Scott Morrison had initially flagged to deal with the issue.

Mr Porter confirmed to The Australian the government strategy was to secure bipartisan support for its legislation before the bill was introduced, but said more time was needed to negotiate.

“The Labor Party has not fin­alised its position and requires more time to consider the latest draft; in reflecting the co-operative approach so far to this issue, we will not introduce a bill until Labor has had further time to consider the drafting with a view to coming to a bipartisan position,” he said.

“To that end, the government will continue to consult with the opposition with a view to having an agreed bill that can be introduced in the final sitting fortnight of the year.”

Pressed on Sky News about the roadblock in negotiations with Labor, Mr Porter confirmed the government had added something new to the draft legislation initially presented to the opposition.

That was made because of concerns from the Christian Schools Association and other groups that the removal of exemptions in the Sex Discrimination Act would ­legally expose religious education bodies. Mr Porter said once the exemptions were removed, faith-based schools could open them­selves to complaint simply for upholding long-held and uncontroversial rules.

These rules could be as simple as requiring all students, regardless of LGBTI status, to attend religious classes or church ceremonies.

“This is just an ancillary issue that arises by virtue of removing these exemptions,” Mr Porter said.

“We think something as simple as a religious school having a rule of general application that requires all students to attend chapel or religious education on a regular basis is a not unreasonable thing.

“It was a question that never arose for determination because of the existence of the exemptions which we have promised to ­remove,” he said.

Labor’s legal affairs spokesman Mark Dreyfus yesterday attacked the government over the delay.

“Unfortunately, the government has stuffed this up,” he said. “The legislation presented to Labor … includes provisions that go beyond what the government promised, with potentially sig­nificant ramification for LGBTI students.

“Labor has not been given an opportunity to consult on these new proposals.”