The Morrison government will seek to protect gay students from expulsion without protecting trans students at the same time, a senior minister has revealed.
On Monday Scott Morrison recommitted to bringing an amendment to prevent children being expelled “because of their sexuality”, but the latest government amendments fall short of protecting students on gender identity.
Labor believes that the draft amendments it has seen would also not protect same-sex attracted students against other forms of discrimination, opening the possibility religious schools could punish them with measures short of expulsion.
The finance minister and Senate leader, Simon Birmingham, confirmed on Tuesday that “the proposal is to repeal the exemption as it relates to sexual orientation, [but] it doesn’t go further than that”.
Birmingham told Radio National the Australian Law Reform Commission would continue to examine the issue of discrimination on the basis of gender identity, meaning a delay of at least a further 12 months after the religious discrimination bill passes.
He said the Sex Discrimination Act amendment for same-sex attracted students would be “a positive step forward” and protections for trans students would “still be subject to a relatively quick” review.
Birmingham said he wanted to see “as much discrimination removed as possible while respecting” the ability of schools of faith to set their own ethos.
The incomplete protections appear to breach both a commitment Morrison made to Anthony Albanese in writing on 1 December to prevent “any form of discrimination against a student on the basis of sexuality or gender identity” and to a group of four Liberal MPs who negotiated for the religious exemption to the Sex Discrimination Act to be removed.
The move seeks to head off conservative Christian ire at the deal to protect students and prevent what assistant attorney general, Amanda Stoker, has described as “unintended consequences” of schools being unable to maintain standards of behaviour by discriminating against gender nonconforming students.
On Tuesday morning Morrison said the ability to expel trans students came from “an existing law” and the religious bill “does not seek to endorse that arrangement”.
Labor’s manager of opposition business, Tony Burke, noted Morrison had said he would “end discrimination for all students”, telling Radio National “he should be true to his word on that”.
Albanese said Labor “supports the idea … that you shouldn’t be discriminated against on the basis of your faith” but doesn’t know what the government’s final position is.
“We want a society in which no one is discriminated against,” he said. “Everyone should be protected. That is the objective.”
The religious discrimination bill is set to return to parliament on Tuesday and the prime minister is pushing for a vote that will probably require Labor support to pass, given divisions in the Liberal party over the bill.
On Friday Labor MPs and senators on two committees joined the government in calling for the bill to pass after a series of minor and technical changes, but is yet to finalise its position, citing the need to scrutinise amendments.
In December, Morrison wrote to Labor promising the government would “move an amendment to remove the provisions of the Sex Discrimination Act which were included in 2013 which limited the protections provided under this Act,” a reference to the ability of schools to discriminate on the grounds of sexuality and gender.
Internal divisions
The Coalition faces fierce internal resistance to the bill, with the member for Bass, Bridget Archer, telling Guardian Australia on Friday she can’t support it in its current form, and senator Andrew Bragg seeking protections for teachers and removal of the controversial statements of belief clause.
Although Liberal MP Angie Bell has said removal of the religious exemption to the SDA would be enough to win her vote, it is unclear whether excluding trans students will imperil a deal with her and three other MPs, Fiona Martin, Katie Allen and Dave Sharma.
Sharma has also expressed concerns about teachers, while Allen has investigated amending the statement of belief clause so it doesn’t override state laws.
Trent Zimmerman and Warren Entsch have both reserved their position. Entsch told Guardian Australia he “never believed the bill should have been there in the first place”.
On Monday Morrison told reporters the Sex Discrimination Act changes “go well together” with the religious discrimination bill “which I intend to become an Act in the near future”, signalling a vote as early as Tuesday in the lower house.
“It’s a very important bill,” he said. “It’s a bill that means that a Sikh family can go and rent an apartment and not be discriminated against.”
Morrison said the bill would also ensure “people can speak their beliefs” in society or in the workplace.
“My hope … is that it is a bill that will bring Australians together around this issue.”
On Monday Albanese said his position was that people “shouldn’t be discriminated against on the basis of their faith, or their gender, or their sexuality, or their race”.
“But legislation has to be workable,” he told the Conversation.
“And the test is – can you ensure that you’re supporting non-discrimination without discriminating against another group? That’s the test here that we’ve said all along we would apply.”
