Labor Leader Anthony Albanese called on the government to work with the opposition on reforming the proposed laws, but is vowing to continue to push for changes to the bill.
“This should have been something that united the country and took us forward as one with respect for our common humanity,” he told reporters.
“I say to the government that they need to stop looking for division and look for ways in which we can unite the country and take us forward.”
The lower house amendment overnight was significant as the Coalition had only committed to amending these laws for same-sex attracted students who faced expulsion, leaving trans students vulnerable to being expelled on the basis of their gender identity.
Seeing the opposition and crossbench successful in repealing 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 in a blow to the government.
The Coalition has said it has referred this matter to the Australian Law Reform Commission to review additional changes to the Sex Discrimination Act that could address the issue of discrimination against trans students.
The package of laws 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.
Liberal Senator Jane Hume told reporters on Thursday the government would likely attempt to remove Labor and the crossbenchers’ changes to the Sex Discrimination Act.
“The government will inevitably move amendments to try and revert the bill back to the government’s position and those will be debated,” she said.
“People of faith should be allowed to express their faith, people of faith should be allowed to send their children to a same-sex school.”
Liberal MPs Bridget Archer, Trent Zimmerman, Katie Allen, Fiona Martin and Dave Sharma crossed the floor overnight, helping Labor and the crossbench to ensure protections for trans students.
But the bill ultimately passed the lower house with Labor’s support, following the amendment being supported.
Labor will try again to move further amendments to the bill when debate begins in the Senate.
The opposition wants to overhaul the Morrison government’s bill, including changing a statement of beliefs clause by removing its existing intention to override state-based protections and attempt to change laws to ban religious vilification and prohibit discrimination in the provision of home-aged care services.
But Shadow Attorney General Mark Dreyfus refused to confirm whether Labor would ultimately support the bill, should its amendments not be successful.
“The battle is not over,” he told reporters.
“Labor will continue to work to improve this legislation.”
The religious discrimination bill seeks to enshrine stronger protections on making statements of belief, as well as giving employers of religious-based institutions the right to preference hiring people of their own faith.
But LGBTIQ+ advocates have raised concerns these provisions could further empower discrimination.
Greens leader Adam Bandt said the minor amendment to the bill didn’t override their widespread concerns over the proposal.
“Labor backed the Liberals to the hilt,” he told reporters.
“As a result of Labor passing Scott Morrison’s Trojan Horse for hate into law there will be more discrimination not less.”
Labor is hoping the Greens, as well as crossbench senators Rex Patrick, Jacqui Lambie and Stirling Griff, could help it win support for its amendments that were defeated in the lower house.
Senator Lambie has expressed fierce opposition to the bill, criticising the “division” trying to legislate the changes has caused.
“It’s been absolutely disgusting,” she told Channel Nine’s Today Show.
“I will not be voting for it.”
Prime Minister Scott Morrison has said the laws are about ensuring people of faith don’t face discrimination.
During a speech to parliament on Wednesday evening he said there would be a “time and place” to discuss potential further reforms to protect transgender students, as well as LGBTIQ+ teachers.
The proposed laws were a key promise for the Coalition at the 2019 election.
SBS
