IS IT RELIGIOUS FREEDOMS OR DISCRIMINATION?

On 25 November 2021, Government introduced the Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment Bill 2021. These Bills essentially attempt to prohibit discrimination on the basis of a person’s religious belief in various areas of life. These areas include, employment, education, access to premises, and the provision of goods, services, and accommodation. Therefore, owing to these seemingly admirable principles, it may come as surprising to hear that the introduction of this Bill has been met with staunch opposition and passionate criticism.

The opposition to this Bill is grounded in a fear of the effects of its practical application and that whilst attempting to protect religious freedoms, the Bill will discriminate against other groups, namely the LGBTQIA+ community. This is because under this proposed Bill, people or groups who contradict or violate the rules and teachings of religious institutions can be lawfully excluded from participating within these institutions. For example, under this Bill, a religious private school could prohibit any open support for the LGBTQIA community. Opposers of the act argue that it is contradictory and inherently regressive for proposed anti-discrimination laws to consequently enable discrimination against other people and groups.

The Bill has undergone an inquiry by the Senate Standing Committee, who concluded that although there was “some apprehension” about particular sections of the Bill, it was “persuaded that the unique nature” of religious beliefs warrants specific clauses. The Committee held to believe that, “A healthy pluralist society must allow for people of religious faith to act and express in accordance with their beliefs – and likewise for those not of religious faith”. Therefore, they deemed the provisions and principles inherent within the Bill as necessary and lawful.

Nevertheless, the Bill has not been introduced without authoritative opposition, with moderate Liberal party-members threatening to cross the floor in opposition to the Bill. The proposed Bill is currently awaiting voting in the Lower House.

Given this, if you are going through any discrimination disputes, whether it be in the workplace or in public life, Straits Lawyers are here to help you.

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Please note that this article does not constitute legal advice, and HandO Lawyers will not be legally responsible for any actions you take based on this article.