Trans kids thrown under the bus in attempted religious discrimination wedge

The Morrison government is desperate to push its religious discrimination legislation through Parliament this week, even if it comes at the cost of exposing transgender children to expulsion in religious schools.

Last week Prime Minister Scott Morrison confirmed that any amended bill presented to Parliament — likely to be later today — would be accompanied by amendments to s 38(3) of the Sex Discrimination Act, which would remove the right of religious schools to discriminate against LGBTIQ students.

That amendment was essential to win the support of Liberal moderates who are still wavering. Yesterday Tasmanian MP Bridget Archer promised to cross the floor if the bill in its current form goes to the house.

Attorney-General Michaelia Cash’s latest attempt to satisfy both the bill’s Christian right backers and moderates in the partyroom is a far narrower amendment which would stop religious schools from being able to expel gay students, but not offer similar protection to transgender students.

Morrison backs down on protections

The government’s latest proposed amendments to the Sex Discrimination Act, confirmed by Finance Minister Simon Birmingham on Radio National this morning, gives LGBTIQ students the narrowest possible protection. Trans kids won’t get protection for at least 12 months; Birmingham said the Australian Law Reform Commission will examine discrimination based on gender identity in those 12 months.

And the partial repeal of s 38(3) means that while schools won’t be able to expel students, other forms of discrimination on the basis of sexuality could still be permitted.

A Christian school could still stop a same-sex couple attending a formal together, or legally take other forms of disciplinary action against queer students.

The proposed amendment still represents a shift from Morrison. Back in December he wrote to Opposition Leader Anthony Albanese promising to remove provisions of the act which permitted discrimination against students on the basis of sexuality or gender identity, in correspondence seen by Crikey.

In 2018, Morrison promised to amend this section of the act within the next fortnight. While that clearly never happened, he’s hinted over recent months that he intends to reform s 38(3). Although the final package set to be presented to the Coalition joint partyroom today might still not be enough to secure support of key moderates, conservative Christian groups have indicated they would be prepared to support a partial amendment to the act which restricted expulsion but allowed other discrimination.

Labor cautious

The opposition, meanwhile, continues to approach the bill cautiously and won’t make a commitment until it’s seen the final text of the bill. Cash says Labor has been briefed on the legislation, but amendments were still being thrashed out this morning.

Labor’s caution is in part a reflection of its loss of support among religious voters at the 2019 election, and wanting to avoid obvious wedge issues. Several key frontbenchers hold seats which recorded the highest “no” votes in the 2017 marriage equality postal survey and, like within the Liberals, there are a range of views on the need for a religious discrimination bill, and SDA amendments.

But Labor may never never have to take a strong position. If the latest package doesn’t win the support of moderates in the joint partyroom, the government might not be able to introduce it to the lower house today. And even if it does, the opposition benches could push amendments in the Senate, meaning the chances of any legislation passing before the election are growing slimmer.

Advocates attack government, Labor

Meanwhile, LGBTIQ advocates have criticised the push for laws they believe will cause significant harm to the queer community. At a press conference at Parliament House this morning, former Olympic swimmer Ian Thorpe called the bill “state-sanctioned discrimination”.

“We want to see [this bill] disappear,” he said. “It has no friends in Parliament.”

Equality Australia CEO Anna Brown said the narrow changes to s 38(3) failed LGBTIQ children. “The proposal also leaves trans and gender diverse students completely behind,” she said. “This is a promise the prime minister made in 2018, and it’s completely unacceptable that the government would consider further delaying this reform to protect a vulnerable group of young people.”

Transgender advocate Sally Goldner told Crikey the bill was a “sad” and “desperate” attempt by the government to create a wedge that would seriously disadvantage people.

She urged Labor to actively oppose the legislation, arguing that taking a stronger stand would appeal more to voters than caution.

“Labor has at least a reasonable history overall on social justice and human rights issues,” she said. “I find it very strange that [Labor is] not taking a stronger stand.”

Is this religious discrimination legislation even necessary? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name if you would like to be considered for publication in Crikey’s Your Say column. We reserve the right to edit for length and clarity.