The two pieces of legislation – the bill to create a new Religious Discrimination Act and the separate amendment to the Sex Discrimination Act – were voted on one after the other,after the push for laws to protect the rights of faith communities and church schools was accompanied by a counter push to strength protections for LGBTQI students.
Bridget Archer,Trent Zimmerman,Fiona Martin,Katie Allen and Dave Sharma rebelled to repeal section 38(3) of the Sex Discrimination Act that allows religious schools to discriminate against students on the basis of sexual orientation,gender identity,marital or relationship status or pregnancy. That vote was carried by a margin of 65 to 59 votes in what a Labor source described as a “crushing win”.
In a move Prime Minister Scott Morrison had hoped would appease his moderate backbenchers,the government had sought a much narrower amendment to the act that would have prohibited religious schools from expelling students because they are gay. But it left schools with a broader right to discriminate against gay students in other ways,and did not protect transgender students at all.
Ms Sharkie said that while she voted against the Religious Discrimination Bill she was “proud to have played a small part in making bad legislation better”.
“After a marathon battle,my amendment to help protect students from all forms of discrimination has been passed,” Ms Sharkie said in a Twitter post.
The package of bills will now proceed to the Senate,where the government will have to decide whether to try to knock out the Sex Discrimination Act amendment or accept it.