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Legal experts warn the Morrison governments proposed religious discrimination laws will give church goers the"right to be a bigot". — Legal experts warn the Morrison governments proposed religious discrimination laws will give church goers the "right to be a bigot".Credit:The Age

In a separate submission,the 13-member Australian Discrimination Law Experts Group (ADLEG),said the bill was"deeply flawed",prioritising religious beliefs over the rights of LGBTIQ Australians,people with a disability and women.

The ADLEG,which includes Sydney University professor Simon Rice and Melbourne University professor Beth Gaze,said the bill's wide definition of"statements of belief"meant current unlawful acts of discrimination would"likely become lawful if based on religious belief".

As an example,a receptionist in a medical practice telling a person with a disability"they have been given their disability by God so they can learn important lessons"would be protected.

In explanatory information accompanying the bill,the government said it would not be discrimination under any Australian anti-discrimination law for"merely expressing ... genuinely held religious beliefs in good faith".

Attorney-General Christian Porter said the bill's approach to statements of belief was a"common-sense position".

"In essence,the bill simply takes the uncontroversial position that,on their own,mere written or spoken words are not discrimination — provided they express genuine religious beliefs and are stated in a way that is not malicious and does not harass,vilify,threaten,intimidate or urge criminal offences."

But Prof Beck said the practical effect of the right to make statements of belief was to establish"the right to be a bigot",noting there was still room for statements that insulted,offended,ridiculed or humiliated others. He also noted the proposed bill ruled out only"serious"intimidation.

"Provided a person does not use threats,this bill gives a person the right to intimidate others,"he said. Prof Beck gave the example of a boss telling a gay worker they were"broken"or a childcare provider judging a single mother.

While many faith groups,including the Catholic Archdiocese of Sydney,the Anglican Diocese of Sydney,the Executive Council of Australian Jewry and the National Imams Council,have been pushing for greater religious freedoms in the bill,the Uniting Church has been among those saying there needs to be more protection for vulnerable groups.

In its submission,the Uniting Church in Australia echoed the concerns of legal experts,saying the redrafted version does not"get the balance right".

"To be a welcoming,inclusive,multi-faith and multi-cultural society,it is important that people are able to freely practice religion without fear,"Uniting Church president Dr Deidre Palmer told a forum in Sydney last week.

"But privileging statements of religious belief at the expense of other people's dignity and wellbeing is not something we support. Christians in Australia are not persecuted. In Australia,churches aren't victims. To cultivate some kind of victim status is disingenuous."

The Morrison government released the second draft of the religious discrimination bill shortly before Christmasin response to wide-ranging criticism from faith groups,business,community groups and legal experts. Mr Porter said submissions on the second draft would be"considered in detail"before the legislation was introduced to Parliament.

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