This is a tale of three political promises, all made in the wake of the religious freedom review in late 2018, but with three very different outcomes, including one yet to be determined.
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The first was made by then-prime minister Scott Morrison. He promised to protect LGBTQ students against discrimination before the end of 2018 by rolling back exceptions given to religious schools in federal discrimination law.
Not only did he fail to meet that deadline, but his government did not act to protect these vulnerable young people in their remaining time in power, either. Indeed, the Morrison government abandoned its own Religious Discrimination Bill in early 2022 because it had been amended by Parliament to protect LGBTQ students.
It was a broken promise that left queer kids vulnerable to discrimination without federal protection.
The second promise was made by ACT Chief Minister Andrew Barr. He also responded to the religious freedom review by promising to urgently protect LGBTQ students in religious schools, along with LGBTQ teachers.
However, unlike his Commonwealth counterparts, Barr followed through on his commitment.
Legislation passed the ACT Legislative Assembly before the end of 2018 and took effect the following April.
Thanks to Barr's promise kept, for the past five years LGBTQ kids in the ACT have been free to learn and grow without having to fear discrimination on the basis of who they are, while LGBTQ teachers have been employed for their skills and experience, regardless of their sexual orientation or gender identity.
Despite scaremongering by groups opposed to these changes, religious schools are alive and well in the capital, just like they are in other jurisdictions that have protected LGBTQ students (Tasmania, Queensland, the NT and Victoria) and teachers (Tasmania, Victoria and the NT). What has changed is more people feel safer and more welcome at their place of education or employment.
The third promise was made by the federal Labor opposition in late 2018. Then-leader Bill Shorten also promised to protect both LGBTQ students and teachers from discrimination.
These promises were repeated by Labor in February 2022, with Anthony Albanese now leader, during debate on the Religious Discrimination Bill.
The election of the Albanese government in May 2022 raised hopes the same protections enjoyed by Canberra kids and teachers might finally be enacted nationwide. And it was a promising start, Attorney-General Mark Dreyfus asking the Australian Law Reform Commission to review the exceptions giving special powers to religious educational institutions to discriminate.
The ALRC did its job, providing the government with a balanced and clear package of straightforward reforms to protect LGBTQ students and teachers while respecting the rights of religious schools.
But with the goal in sight, the Albanese government has dropped the ball.
Rather than progressing Sex Discrimination Act and Fair Work Act amendments based on the ALRC's recommendations, the government in March announced it would not introduce these reforms without bipartisan support from the Dutton opposition for these changes, and for a new Religious Discrimination Bill.
Given the record of the last government that seemed highly unlikely. And as each month has passed, the chances of it happening have become even more remote. Shadow attorney-general Michaelia Cash has instead backed calls from groups like Christian Schools Australia for "positive rights" for religious schools that would not only prevent protections under Commonwealth law, but strip rights away from students and teachers in places that are already protected, like the ACT.
With time slipping away in the current parliamentary term, the government must make a choice. It can introduce reforms to protect LGBTQ students and teachers, seeking support from the Greens and cross-bench: the numbers are there for these changes to pass. Or it can wait for bipartisan backing that is destined to never arrive.
Every day the government fails to take action is another day that LGBTQ students go to school, and LGBTQ teachers go to work, fearing mistreatment because of who they are, without legal protection.
The Albanese government has both the opportunity and obligation to make this discrimination history, in every school around the country. It's what they promised. And it's the right thing to do.
- Alastair Lawrie is the director of policy and advocacy at the Justice and Equity Centre.
