Religious Discrimination Bill

Update: 1pm AEST 10th Feb – Changes to Religious Discrimination laws have been shelved indefinitely. The Government has failed to bring on its own bill for debate in the Senate.

The Religious Discrimination Bill 2021 passed the House of Representatives in the early hours of 10th February 2022. The human rights amendment bill, which now prevents religious schools discriminating against students on gender and sexuality, passed shortly before 5am – despite a last-ditch attempt from the government to defeat its own legislation. It will now go to the Senate where amendments will be considered, before returning to the House of Representatives.

The Uniting Church had urged Federal Parliamentarians not to rush the Religious Discrimination Bill 2021 into law, warning some provisions in the Bill could give implicit permission for discriminatory or demeaning statements and actions.

Two reports from Parliamentary Inquiries on the Religious Discrimination Bill 2021 had supported the passage of the Bill with the addition of only minor and technical amendments. Rev Hollis (President, UCA) expressed her disappointment at the findings, after a UCA Assembly submission to the Religious Discrimination Bill 2021 expressed concern that the Bill fails to strike the correct balance between people’s rights, protections and responsibilities.

“We have appreciated the opportunity to make submissions and to appear before both Inquiries,” said Rev Hollis. “However, the reports do not address our concerns that some provisions in the Bill could embolden discrimination in the wider community and give implicit permission for discriminatory or demeaning statements and actions. Rather than building harmony and tolerance it could have a corrosive and divisive effect. We urge all Federal Members to not react in haste to the short time frame that has been given to this third and final draft’s passage through both Houses, but take the time that is needed to fully examine the issues and reach out to community groups who have expressed genuine concerns.”

The Uniting Church Assembly has resisted the idea that Uniting Church members are the subject of discrimination on religious grounds, maintaining that its primary concern is for others who are or may become vulnerable to discrimination under the legislation.

In its submission and appearances, the Assembly expressed particular concern for the safety and wellbeing of LGBTIQ people, people with disabilities, women, and people of minority faith communities should the Bill be passed in its current form.

The Assembly has long advocated that necessary protections from religious discrimination would best be made through the mechanism of a comprehensive Human Rights Act, within which the competing claims and values inherent in this discussion may be grounded in a holistic approach to human rights.

Rev Hollis reiterated previous statements that the Uniting Church does not seek to discriminate as an organisation or an employer, and its firm commitment to diversity and inclusion in community life and employment practices.

“I want to reassure all people that whether or not this Bill passes into law, the Uniting Church in Australia and its wide network of service agencies will continue to be places of welcome and inclusion for all people.”

Sharon issued a pastoral letter to the Uniting Church, to reiterate that the Uniting Church does not seek to discriminate as an organisation or an employer, and seeks to be a place of welcome and inclusion for all people. The pastoral statement offered prayerful support to those who are feeling particularly vulnerable as the Bill is debated and encouraging Uniting Church members to show solidarity and to support LGBTIQA+ members and people with disabilities.

The pastoral letter expresses solidarity and care while at the same time calls for genuine ‘inclusion’, informed awareness, and celebration of LGBTIQ+ diversity across the whole UCA. Every person is entitled to dignity, compassion and respect. The community flourishes when all people are included and accorded the dignity and respect they deserve. Members of the Uniting Church are encouraged to offer prayer and support to those around them who are feeling particularly vulnerable because of the political and public debate taking place.

Rev Dr Elenie Poulos: “Clause 12 sacralises the expression of religious belief in law. This is an unprecedented proposal for the law of a secular state. Religious belief is set apart by this Bill, granted immunity from laws that seek to uphold the rights and freedoms of others. This sets a dangerous precedent in a democratic state where equality before the law is a foundational principle. In placing ‘belief’ at the centre of what it means to be ‘religious’, it represents a perception of ‘belief’ as the inalienable essence of a person. This is a contested (and impoverished) understanding of both religion and belief which does not capture the richness and diversity of religion in human society.” Elenie’s submission to the Senate inquiry into the Religious Discrimination Bill can be read below (and online on the Committee website).

Link to a 2020 statement here.