Don Farrell (SA, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

Labor has consistently made it clear that we support religious freedom. We welcomed the Turnbull government's decision to establish a review into religious freedom, and we've always said we are open to meaningful discussions about whether religious freedom needs better and further protections. We know that there are many strong views in the current debate about how to best balance freedom of religion with the right of all Australians to live free from discrimination. We respect these views and would have welcomed a proper mature debate about the issue, which the religious freedoms review was meant to facilitate. It's unfortunate, therefore, that the government has chosen to hide the review for the last five months and to deny the Australian people that opportunity.

As a result, in the last week, there have been repeated leaks from the Morrison government that have suggested that the review recommends changes to anti-discrimination legislation that would make it easier for religious schools to deny enrolment or expel children and to sack teachers or deny them employment on the basis of their sexual orientation or gender identity. I know this has been distressing for many young gay people and their families.

The public outcry that has ensued makes clear that these exemptions, even as they currently exist in a minority of jurisdictions, are out of step with the views and beliefs of most Australians. While it is clear that the exemptions are used rarely—if at all—they are anachronistic and deny dignity to children. This view is widely shared even amongst those organisations that could potentially make use of the exemptions. As Catholic Schools NSW, which represent 595 Catholic schools and their 255,000 students have recently said:

Nothing in the Bible or in Catholic teaching can be used to justify prejudicial or discriminatory attitudes and behaviours.

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We did not seek concessions to discriminate against students or teachers based on their sexuality, gender identity or relationship status.

It is Labor's view that we can remove discrimination and protect religious freedoms at the same time. That is why the Leader of the Opposition wrote to the Prime Minister last week to offer Labor's support and assistance in passing a bill to amend the Sex Discrimination Act 1984 to remove the exemptions that currently allow religious schools to discriminate against children on the basis of their sexual orientation and gender identity.

Today we extend that offer to include the removal of the exemption which would allow teachers or other staff to be sacked or refused employment because of sexual orientation. Put simply, people should not be discriminated against because of their sexuality. Of course, we respect the rights of religious organisations to run their schools in line with their beliefs and their doctrines, and we will be talking further with schools to ensure that they are able to teach their students according to their religious beliefs while not discriminating against students or staff. People employed in those schools must of course respect those beliefs and traditions as they carry out their roles, but Australia is a modern, fair and tolerant nation, and legislated discrimination should not be allowed to stand.

We can do these two things now and we can do them quickly. We do not agree that public funding should be threatened for institutions that don't comply. Kids do not deserve to pay the price. We should make it the law so that there is no doubt that discrimination based on sexuality is not acceptable. If there are other issues that relate to religious freedoms that need to be addressed, Labor is up for that too, but the government needs to release the report. It is simply absurd that this debate is occurring without the report having been released. What is the government hiding? I urge it to release the report so that all Australians can have their say.