NSW Greens to introduce private member’s bill to amend Anti-Discrimination Act
Image: MP Jenny Leong speaking at a marriage equality rally in 2017. Image: Supplied.
The New South Wales Greens have announced their plans to introduce a private members bill that would amend the state’s Anti-Discrimination Act to protect LGBTI people from discrimination by religious bodies.
The bill – set to be introduced next week by education spokesperson and member Tamara Smith – would remove the current exemptions allowing religious schools and organisations to discriminate against members of the LGBTI community.
Section 56 of the current Anti-Discrimination Act states that nothing in the act affects “the appointment of [a person] in any capacity by a body established to propagate religion”, or “any other act or practice of a body established to propagate religion… [that is] necessary to avoid injury to the religious susceptibilities of the adherents of that religion”.
NSW Greens MP Jenny Leong believes the act provides a loophole, giving religious bodies in the state the right to discriminate.
“[The act] exempts them entirely from our anti-discrimination legislation,” she told the Star Observer.
“In short, when you look at all of our states when it comes to this, New South Wales is the worst.
“It is basically state-sanctioned discrimination.”
The move follows recent news that the Philip Ruddock-led religious freedom review has recommended changes to the federal Sex Discrimination Act, allowing religious schools to discriminate against students on the basis of sexual orientation, gender identity, or relationship status.
While the full report is yet to be released, a number of pro-LGBTI religious organisations have already begun to speak out against the recommendations, with some highlighting the disproportionate rates of depression, self-harm, and suicide in the LGBTI community.
Leong said the NSW Greens private member’s bill will be introduced next week with a debate likely to commence in November. She added that federal Greens leader Richard di Natale will move to make similar amendments to federal anti-discrimination laws.
“Enough is enough,” she said.
“There’s no justification for homophobia or transphobia in our community, and it doesn’t matter who you are.
“In terms of the religious freedom review, if we want to properly protect people’s rights in Australia, the best way to do that will be to introduce and enact a human rights act on a national level, then we can look at protecting the rights of all people.”
Education spokesperson and MP Tamara Smith said the state should be removing exemptions for religious schools from anti-discrimination laws, rather than promoting them.
“Schools that are in receipt of public, taxpayer funding should not have the right to discriminate against any student or staff member from the LGBTI community, or on any other grounds,” she said.
“Schools should be welcoming places which support learning and acceptance, not a means to discriminate against students or teachers.”
You May Also Like
So if federal law changes on this issue, does that mean that NSW law is completely null and void anyway? Section 109 of the Australian Constitution says federal law always trumps state law due to two inconsistencies. The 1982 law in NSW may as well just get repealed to avoid doubt on this issue. All state and territory anti-discrimination laws may as well get repealed, but saying that however both Queensland and Tasmania actually has the best equal opportunity laws within Australia and have no religious exemptions for LGBT people, just for religious beliefs.
Another great move by the Greens. The only party that truly cares for the wellbeing of all human beings. Every MP, Every Vote, Every Time. No other party or pseudo-independent can say that.
Yeah but the Greens won’t back an important feminist religious freedom for fear of being controversial.
As I urged in my submission to the religious freedom inquiry, the right NOT to wear a hijab is as important as the right to wear one. I don’t support bans on burkas or headscarves because I don’t believe men should lecture women about what they can wear. Yet Muslim schools such as the South Australian Islamic College make headscarves COMPULSORY for all female students.
Women in Iran are fighting for the right to not wear a headscarf including some great internet campaigns. Here in Australia we publicly fund schools which make it compulsory. I don’t want to ban anything but I can’t accept it should be made compulsory either. And yet the Greens refuse to take a stand, and the victims are young Muslim women who just want to be modern and progressive and not have to unwillingly wear symbols of oppression which aren’t pushed on boys. Not cool, Greens.
The Greens suck just as much as Liberal and Labor, Nikola, get over it.