The Morrison government wants to have a third crack at passing contentious religious discrimination laws — first promised in 2017 — before the election.
Attorney-General Michaelia Cash hopes to introduce a bill next week in the final parliamentary sitting fortnight of the year. From what we know, the latest draft will avoid some of the major, disproportionate protections offered to religious people in past drafts, but even a watered-down version will struggle to pass the Coalition partyroom, let alone the lower house.
What’s changed?
We haven’t seen Cash’s draft but it follows two versions released by her predecessor Christian Porter. Both were incredibly divisive. Conservative religious groups like the Australian Christian Lobby felt they didn’t give them enough license to discriminate (even though the faithful were given more protection than any other group) and big business found them unworkable.
Because the push for religious discrimination had its roots in a culture war, the most contentious section was the “Folau clause”, a response to the former rugby union player Israel Folau being sacked over homophobic social media posts. The clause essentially deemed any restriction made by an employer on statements of belief made outside work hours an indirect religious discrimination. It featured in both Porter drafts. It’s been scrapped.
Just two weeks ago, ACL boss Martyn Iles told Christian radio the draft would include a Folau clause. The ACL and other Christian groups have been lobbying hard for religious discrimination laws to be passed this term.
Cash’s draft will also remove elements which allowed medical providers to refuse treatment on the basis of conscientious objection.
Those backdowns might disappoint the Christian right who hoped Cash’s appointment as attorney-general would see a favourable bill introduced, but there’s some indication the faithful will still get significant protections. The Folau clause is gone, but a similar exemption limiting the ability of professional or qualifying bodies to take action against someone in Folau’s position will remain. It also retains a clause which allows a “statement of belief” to override any state or territory anti-discrimination law.
It’s why Equality Australia CEO Anna Brown is still concerned about the bill.
“According to the reports, the Morrison government has retained some of the worst provisions of the bill, retaining damaging statements of belief provisions that would override existing state and territory anti-discrimination protections,” she said.
“These provisions undermine everyone’s right to respect and dignity at work, school and whenever they access goods and services like healthcare.”
A difficult passage
All of this might be academic, because the bill’s passage is far from assured.
The Coalition itself is divided. The bill will be put to the joint partyroom on Tuesday, where debate will be heated. It may struggle even in the lower house. In June, moderate Liberal MPs blasted proposed religious discrimination laws as a “Christian bill of rights” and vowed to cross the floor. Warren Entsch, along with fellow moderates Katie Allen and Trent Zimmerman, could cross the floor. That’s enough to rob the government of a lower house majority. George Christensen might vote against it because it doesn’t go far enough to protect religious people.
Cash is likely to introduce the bill in the Senate, where it is likely to be put to an inquiry. That means getting it passed this year is unlikely, diminishing its chances of being legislated in time for an election early in 2022.
Meanwhile, the opposition and crossbench have been left largely in the dark. Labor is yet to be shown any draft legislation, or be approached by the government.
“As we have repeatedly made clear to the attorney-general and her predecessor Christian Porter, we are ready to work with the government on a religious discrimination bill,” shadow attorney-general Mark Dreyfus said.
Dreyfus wrote to Cash in June and received a vague response a month later.
Most of the Senate crossbench have not been approached about the bill or seen drafts. Greens Senator Janet Rice says the proposed laws need transparent assessment through a Senate inquiry.
“Australians deserve a genuinely transparent process, not leaks out of cabinet, especially with a bill as fraught and friendless as this one,” she said.
Independent Senator Rex Patrick has seen Cash’s draft, but noted every politician would have a different view on such a complex area: “This bill opened a can of worms last time around, and the prime minister had difficulty putting the lid back on. I don’t know understand why he’d do that again.”
I am saddened that the ‘religious crowd’ is still allowed to continue to get away with its policy of coercion and intimidation, all carried out under the guise of ‘lobbying’, in this day and age.
To me religion is one of the three greatest scourges that humans have foisted upon themselves. It’s success over the millennia reflects the fact that a significant number of our species cannot cope with reality. Giving the witch-doctors, warlocks and assorted racketeers who control this monumental scam more power in the form of a license to discriminate only emboldens them.
As you may have guessed by now, I am an avowed atheist. However, in all fairness, I can tell you one area where religious schools will not discriminate against me. That is, they will gladly and without question, accept my atheist tax dollars which will be used for the purpose of brainwashing and indoctrinating young impressionable minds in one kind or other of hocus-pocus, mumbo jumbo and superstition.
The hypocrisy and duplicity of these religious organizations is breathtaking.
Robert…I totally agree with your comments. Which begs the question…why are the deluded fairies at the bottom of the garden lot ‘allowed’ to discriminate against others, when we have laws in place which prevent anyone else from so doing?
Also…perhaps the happy-clappers, and their fellow travelers, now in government can see the writing on the wall. Fear of losing the election, and their chance to put this shining light of bullsh+t into law before they depart?
Hope this legislation is buried for good, along with the government trying to foist it upon the rest of us!
Thanks for your supporting comments CML.
Unfortunately I cannot answer the question you pose in your first paragraph. If ever you happen to discover why that crowd of confidence tricksters are allowed to get away with their discrimination racket then please let me know.
Clearly, this government (in the same manner as tRump’s) has bought a large element of the happy clapper vote in exchange for an unprecedented right to ignore even our minimal human rights and personal freedom laws. Perhaps if Morrison can’t deliver on the licence to offend and abuse, happy clapper management will withdraw electoral support .
Agree, it’s not even original, but imported from the US GOP to corral white Christian conservatives into a voter coalition, also using it to attack or dog whistle secular centre right through left as ‘atheists’, and conditioning society to be more conservative; cynical power play for creating votes for power.
Katherine Stewart explains well in the ‘The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism’ (2020):
‘Religious Right has masqueraded as a social movement preoccupied with a number of cultural issues, such as abortion and same-sex marriage.. .Stewart reveals a disturbing truth: America’s Religious Right has evolved into a Christian nationalist movement. It seeks to gain political power and impose its vision on society. It isn’t fighting a culture war; it is waging a political war on the norms and institutions of American democracy.’
How is government funding for church schools not facilitating child abuse?
How is government legislating to allow one small, and rapidly shrinking, deluded group to discriminate against those not sharing their delusion not electoral abuse?
Phryne…it is not only the ‘funding for church schools’. What about the ‘funding’ for so-called chaplains in state/public schools, which has been going on since the Howard days. Now that really is child abuse…as children have to attend a school and there is NO escape from the delusion they call religion.
I’d forgotten about the school chaplain programme – continued and augmented by, the atheist, PM Julia Gillard, to her eternal discredit.
(In the first point above, I meant ‘child abuse’ by religious indoctrination rather physical.)
The DSM V finds that religion is really a delusion, but then because it is so widely held exempts religion from the psychiatric diagnosis of delusion.
However in the important respect of being an incorrect inference about external reality that is firmly sustained and one that defies credibility, religion is a delusion.
Please! keep the images of Ms C$$$ to a very small size, I’m trying to eat my lunch.
When I saw her photo Arg, I nearly choked – and I am not ever eating anything!!!
Could have been worse. It could be a story on Payne!
What is the base motivation for a repeat attempt to pass a Religious Discrimination Bill prior to Election?
It seems to be more urgent for Happy Clappers than main-stream Churches? Religion and discrimination age-old partners. Mere fact that last two Attorney Generals failed to cover themselves in glory for choice of content, intent. Current AG’S judgement, delivery, yet to fully win electorates hearts and minds? May be best to delay . . . post Election. Oh, is that the problem?