Thread by @alawriedejesus

Based on what we know about Labor's proposed amendments to the #ReligiousDiscriminationBill, we can say the following:

-they make improvements in a few important areas

BUT

-don't redeem what remains, overall, a deeply flawed Bill. #auspol 1/

Improvements incl removing the ability of religious schools to discriminate against students on the basis of sexual orientation & gender identity under the Sex Discrimination Act.

And ensuring the statement of belief clause doesn't remove existing discrimination protections. 2/

However, Labor's amendments do *not* protect LGBT teachers in religious schools under the SDA.

Instead, they will wait for the ALRC to report on this.

Even though this issue is *not* complex, with Tasmania protecting LGBT teachers for two decades, & the ACT since 2019. 3/

The #ReligiousDiscriminationBill itself also provides a new, alternative way for religious schools to discriminate against LGBT teachers, on the basis of their religious beliefs about sexual orientation or gender identity, rather than these things directly. 4/

This risk - discrimination against LGBT teachers 'under the guise of religious views' - was explicitly acknowledged by Assistant Minister to the AG Amanda Stoker, & AG Michaelia Cash's office last year (indeed, 'under the guise' is her office's words). 5/
news.com.au/lifestyle/new-…

This risk is made worse by clause 11 of the #ReligiousDiscriminationBill, which allows the AG to override existing state and territory anti-discrimination protections for teachers and other staff members in religious schools. 6/

This will override recent changes in Victoria, as well as existing protections for teachers in Queensland, & potentially Tas & ACT too.

So, if they vote for the RDB, Labor could in fact be voting to *take rights away* from LGBT workers in religious schools in 4 jurisdictions. 7/

'Under the guise of religious views' is a potential problem for students, too.

So, despite Labor's proposed amendments to the SDA, religious schools could discriminate against LGBT students under the #ReligiousDiscriminationBill instead. 8/

This includes punishing students who refuse to affirm statements like 'homosexuality is intrinsically disordered' or 'god created man and women, so transgender people don't exist'.

The outcome of this discrimination is the same: LGBT kids being mistreated. 9/

The statement of belief amendments are also limited, in that they will still ensure demeaning and derogatory comments against people of minority faiths do not constitute discrimination under the #ReligiousDiscriminationBill itself.

Which, at a minimum, is a peculiar outcome. 10/

Then, of course, there are the problems with the #ReligiousDiscriminationBill which are not addressed by Labor's amendments.

Like the extreme and extraordinary exceptions allowing discrimination by religious organisation in clause 7-9. 11/

These amendments are broader in the scope of organisations covered than any other Commonwealth, state or territory anti-discrimination law.

And adopt a much, *much* more lenient test to allow discrimination than any other law too. 12/

The people most at risk of discrimination are Muslim, Jewish, Hindu, Buddhist, agnostic & atheist workers in publicly-funded hospitals, housing, aged care & disability services run by faith bodies.

Which again is a very *peculiar* outcome from a #ReligiousDiscriminationBill. 13/

But don't take my word for it - listen to the words of the representative of the Hindu Council of Australia, at the January Senate hearings into the Bill. 14/

And other problems which, based on public reports, Labor is also not proposing to address.

Like the 'qualifying body conduct rules' clause, which provides protection for ppl like doctors making anti-LGBT comments outside work, even if it makes LGBT patients feel unsafe. 15/

Or these four issues, which have not received nearly the same amount of attention as other problems, but are nevertheless important to address. #ReligiousDiscriminationBill #auslaw #auspol 16/

⬆️ Those issues are taken from this post which I wrote a few weeks back, but which has found a much larger audience in the last four or five days. #ReligiousDiscriminationBill 17/ alastairlawrie.net/2022/01/23/why…

Anyway, as I said at the beginning of this (now longish) thread, Labor's amendments would make positive changes in a few important areas.

But that's not the same thing as saying, if those amendments are made, the whole Bill should be passed.

Far from it. 18/

Instead, in my view the best approach remains scrapping the current Bill altogether, and starting again.

To draft a standard #ReligiousDiscriminationBill, that protects against discrimination on the basis of religious belief, without allowing discrimination against others. 19/

And for those who've read this far, you might find this media release interesting. 20/

https://twitter.com/PIACnews/status/1491293089847476224?s=20&t=d-0Ijlk9wjGhPIdPueyg7g