Defeating a deeply flawed Religious Discrimination Bill

Our determined and collaborative advocacy helped defeat the Morrison Government’s highly contested Religious Discrimination Bill, which would have wound back hard-fought human rights protections.

Following the successful campaign for marriage equality, some religious organisations called for greater rights for ‘religious freedom’ under Commonwealth law. The Government’s 2018 Religious Freedom Review was followed by proposed legislation for a Religious Discrimination Act.

The Morrison Government released three attempts at a draft Bill, with the final introduced into Parliament in late 2021. Each version was roundly criticised by human rights groups for giving religious groups special powers to discriminate, overriding existing human rights protections. The rights of women, people with disability, single parents and LGBTQI people were particularly at risk.

We were a leading voice of expertise in the debate. While we supported (and continue to support) the right to be protected against discrimination based on religious belief, we saw the Bill had potential to undermine Australia’s anti-discrimination framework and cause great harm.

We gave clear and accessible advice to community members and decision-makers, unpacking the wide-reaching effects of the proposed laws. Our analysis explained complex interactions with State and Territory laws, the threat to existing discrimination protections and Constitutional law issues. We hosted a public forum, bringing together experts from ACON, the Women’s Electoral Lobby, the Uniting Church and the legal community, to explain the Bill’s implications for human rights across the community.

Our work supported others opposed to the Bill’s detrimental impacts, including church groups, disability representative organisations and the LGBTQI+ community.

Our own public advocacy was extensive. We briefed MPs and senators on all sides of politics: outlining problems and proposing solutions. We sent an open letter, urging MPs to protect the rights of LGBT students in religious schools. Our submissions and appearances to parliamentary inquiries were cited extensively in committee reports. Our comments and analysis featured widely across mainstream and social media.

Persistent and compelling advocacy won the debate. Working with our allies, we swayed opinions in the community and in Parliament. Following amendments to protect LGBT students in the House of Representatives (passed by the Opposition, cross-bench and five Coalition MPs), and facing the prospect of further amendments in the Senate, the Government ultimately shelved the Bill.