The Bill would thus fit into the familiar anti-discrimination architecture and not create a positive right to freedom of religion. If adopted, it would make it unlawful to discriminate on the basis of religious belief or activity in specified areas of public life.
The proposed law does not really change much. Except for New South Wales (NSW) and South Australia, discrimination based on religious belief is already prohibited.
However, the government erroneously construed the debate as involving a right to discriminate on the grounds of religious beliefs.
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The whole irony is that the present Bill not only protects people from discrimination based on their religious beliefs but also introduces new rights for non-believers, gay people, and transgender minorities.
Prime Minister Scott Morrison’s watered-down version of the legislation means that some faith-based schools with their own religious ethos could face discrimination charges in the future.
Still, the Bill failed because amendments have been proposed to the Sexual Discrimination Act that would remove, from faith-based schools, exemptions presently found in the Sex Discrimination Act. The removal of the exemptions would force these schools to accept students regardless of their gender identity or sexual orientation.
Accordingly, the creation by a minority group of their own school, based on their specific religious convictions, should be encouraged and supported. Such schools would naturally expect students to adhere to the school’s core principles and values.
It is understood that the indispensable incidents to freedom of religion inevitably include the right to freedom of association. Freedom of association plays a vital role in promoting democratic pluralism and personal fulfilment by supporting cultural diversity and advancing the common good.
Yet, as with any other organisation, including political parties and government bodies, the law must ensure that faith-based schools have the freedom to operate in a manner consistent with their core values and beliefs.
Indeed, if the exemptions were to be removed from the Sex Discrimination Act, religious schools would not have any compelling reason to exist.
Governments that support freedom of association for faith-based schools directly assist in the achievement of a more diverse and tolerant society.
The Bill represented another failed attempt by the Morrison government to allow religious organisations to maintain their identity and ethos while prohibiting discrimination of religious people in public life.
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As a result, in nearly four years in office as the prime minister, Morrison has managed to achieve absolutely nothing in terms of protecting religious freedom. Instead, its failure may give ammunition to those who want to diminish religious freedom by removing the present exemptions from religious schools.
As mentioned above, under the proposed legislation, religious organisations would be “exempted” from discrimination laws. However, writing for The Epoch Times, legal academic Rocco Loiacono criticises the government for approaching this matter from the perspective of discrimination rather than that of fundamental freedom.
We wholeheartedly agree. In fact, the prime minister’s government should take the opportunity to move the debate away from the misguided idea of “discrimination” to a broader and less divisive discussion about the restoration of fundamental freedoms.
The Australian government should protect not only religious freedom but also freedom of speech, freedom of conscience, freedom of association, and the right to peaceful assembly. This may involve the enactment of a federal “Restoration of Freedoms Act,” which restores all these fundamental freedoms and does not suggest that religious freedom is an inferior or secondary right of the citizen.