Victorian Parliament urged to protect LGBTQ people, women and others from discrimination
The Human Rights Law Centre is urging members of Victoria’s Legislative Council to support equality for all by passing the Equal Opportunity (Religious Exceptions) Amendment Bill 2021.
Currently, religious bodies have special exceptions from complying with key anti-discrimination protections in Victoria’s Equal Opportunity Act – provisions that are designed to protect Victorians from unfair treatment based on their religion, sex, sexual orientation, gender identity, marital status and parental status.
If the law passes, the special exceptions would be narrowed and religious organisations would have to comply with many of the same rules as everyone else when it comes to education, work and service delivery. The law would help to prevent people from being fired, expelled or treated unfairly because of who they are, who they love or their family relationships.
Religious organisations would still be able to respond to the needs of faith-based communities, for example by only employing people of the same faith where that is essential to the role and reasonable and proportionate. They would retain the exception for training, educating, ordaining or appointing religious leaders and members or for selecting people to participate in any religious observance or practice.
The Bill passed the Legislative Assembly on 18 November 2021 and is due for a vote in the Legislative Council this week.
Adrianne Walters, Legal Director, Human Rights Law Centre:
“Everyone deserves fair and respectful treatment at their school, workplace or when seeking support services. This Bill narrows outdated carve-outs from anti-discrimination laws that cause real harm, particularly to LGBTQ people, school students and women.
“The proposed law would help to prevent religious schools and organisations from firing, expelling or unfairly treating people based on who they are – for example being female, in a same-sex relationship, divorced or a child of a single mum.
“The Bill could be strengthened by better protecting students from discrimination on the basis of religion after enrolment at a school. It could also be improved by removing the distinction between government and non-government funded services that allows a wider range of discrimination by religious organisations against LGBTQ people, women and others when delivering non-government funded services.
“Even without these improvements, the Bill represents a major improvement on the current Victorian laws. It better balances freedom of religion with the right to equality and non-discrimination and protection of the best interests of children.”
The Morrison Government’s suite of religious discrimination bills, introduced in Federal Parliament last week, could override aspects of the legislation before the Victorian Parliament if all bills pass. The Human Rights Law Centre is opposed to the Morrison Government’s Bill as it goes far beyond the important goal of protecting people of faith from discrimination and fails to fairly balance the right to equality with freedom of religion.
“Our laws should promote respect and inclusion. The Morrison Government should not be interfering in Victorian law-making by trampling on hard-fought anti-discrimination protections,” said Walters.
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519, michelle.bennett@hrlc.org.au