Senate debates

Tuesday, 16 October 2018

Bills

Discrimination Free Schools Bill 2018; Second Reading

4:39 pm

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

DI NATALE (—) (): I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum, and I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

It's unacceptable in 2018, a year after we came together to expand the rights of all Australians to marry the person they love, that religious schools in some states are still able to discriminate against students and teachers on the basis of their sexual orientation or gender identification.

Our schools should be safe and welcoming places for all of us, regardless of your sexuality or gender identity. If you're a student or a teacher or a support worker at a religious school, you shouldn't face being expelled or fired just for coming out as gay or transgender.

That is why today, we are moving a bill to amend the Sex Discrimination Act to bar religious schools from discriminating against students, teachers and other employees on the basis of sexual orientation or gender identification.

This would mean that teachers and contractors can't be sacked simply because of their gender identity or the person they're attracted to. It would mean that schools can't expel their students simply because of their sexual orientation.

Religion plays an important role in the lives of so many Australians and the role of religion in society is indeed a dynamic one. Religion promotes welfare and teaches us to 'love thy neighbour'. Churches, mosques, synagogues, temples—they serve not only as places of worship, but also as places of social gathering and spiritual enlightenment.

Religion provides solace for so many during their darkest days, and it can provide a level of unimaginable peace and joy for millions of Australians. Religion is a deeply personal endeavour, and the Greens believe that the right to freedom of religion should be protected in this country.

However, it must be acknowledged that not all human rights are absolute. We need laws that protect our right to hold a religion, but limit the so-called right to discriminate.

Indeed, there are already provisions under the Sex Discrimination Act for religious institutions to act in a manner that is consistent with the teachings of their faith. This includes the "ordination of Priests, Ministers of Religion or members of any other religious order". So there are already clear provisions in the Act which protect the rights of these institutions, however what's been unclear in the past is when a religious institution crosses over into the territory of providing an essential service.

Take aged care for example. This matter has already been resolved under the Act, and prohibits aged care providers, which have religious ties and receive Government funding, to discriminate based gender identity or sexual orientation. And why is that? Because it's recognised that aged care providers deliver an essential service to the Australian community, and while the religious doctrine may be relevant, it is not central.

We believe the same understanding should be afforded to our schools. Yes, the religious doctrine may be relevant to many aspects of an educational institution. But this is not the sole purpose for the existence of the institution. Its sole purpose of existing is to educate to next generation of young people.

The Ruddock review into Freedom of Religion has been a shamble to say the least. While the report was handed down in May of this year, we are still yet to receive the findings. Indeed, the media have received a copy before the Parliament has.

We know, through these leaks to the media, that the review recommends that religious schools have the 'seal of approval' to discriminate against LGBTIQ students. Provided they make their policies known, discrimination is fair game.

The Government knows that the majority of the community won't stand for this. They definitely know that the voters in Wentworth won't stand for it. And rather than rip off the bandaid, they've decided to delay the release of this report, and by doing so cause unnecessary pain for so many people in our community. Indeed the commentary that we have seen on this in the past week by some has been truly horrifying, and I will not be giving any oxygen to those vile, disgusting beliefs in this chamber.

The refusal of the Government to release the Ruddock Report is just another example of the Liberal Government acting in its own self interests, rather than in the interests of the people who elected them there in the first place.

The Prime Minister came out and said that he doesn't support religious schools being able to expel students based on their sexuality. The Leader of the Opposition also came out and said that he'll work to ensure that no child is denied human dignity. Well today, I say to Mr Morrison and I say to Mr Shorten, now is your chance. Now is your chance to put your money where your mouth is and do what you were elected to do. Rather than just say that you are in opposition to this giant leap back to the 1950's you need to show some leadership and act on it. No more excuses. No more delays.

I want to share with you the experience of one man coming out, because I think it illustrates what is a common experience for so many young people. He came out to his parents when he was 21 years old and it took moving out of his home town and having a few years of slowly letting people know before he could truly come out.

He says that he grew up feeling different to the people around him as he realised he was more interested in guys than in girls. He thought he could hide that part of himself. He wouldn't drink much at parties because he feared that he might somehow betray the image he had concocted, and in high school, he joined the students who were hostile to openly queer students - something he deeply regrets to this day.

He only began feeling comfortable with his sexuality when he realised that he could be open about this, and still be loved by the people around him. He slowly came out to those close to him. First his best friend, then his sister. And then slowly but surely he began living a life that reaffirmed that he didn't need to change, that he belonged.

Right now, there are thousands of children around Australia going through the exact same thing. Right now they are struggling with their sexual and gender identity, in a culture that tells them they are somehow 'different'. And right now, during probably the most vulnerable stages of their lives, our religious schools have the ability to expel a student going through this same experience, rather than providing them with the safe, supportive environment that our schools should be.

These laws. These debates. These attacks. They hurt. They cause harm. They cost people their lives.

The Greens support the right of people to practice religion, but that should not come at the expense of the human rights of LGBTIQ people. Our laws should protect LGBTIQ people from discrimination, not enshrine the right to discriminate against them. That is why the Greens have called for a Charter of Rights, and we'll continue to do so.

Australia is exceptional. Indeed, we stand alone in being the only democracy without some form of national human rights act or bill of rights incorporating protection of freedom of religion. And until we do so we'll continue to have debates like this. And we'll continue to cause harm. And we'll continue to sit in this chamber, week in and week out and not do what it is we were elected to do, and that is to represent the rights of all Australians. Because right now, with the current exemptions in our laws, how on earth can we say we are.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.