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Proposed religious discrimination laws proving unpopular in Australia

(Photo: Getty/iStock)

Queensland’s Labor state government has signalled that it might be preparing to walk back its hardline position on religious discrimination law amendments because it faces an increasingly difficult battle to retain power within the upcoming state election.

With sources indicating there’s a growing feeling with the party that it cannot afford to be drawn into “a fight with the churches” before the state election, senior figures like Queensland Attorney-General Yvette D’Ath have begun a push to drop parts of the draft laws which have attracted fierce opposition from faith groups and non secular organisations.

The most controversial of the changes, the removal of a “real occupational requirement” clause that protected the correct of faith-based schools to take religious belief into consideration when hiring or firing staff, had raised concerns that it will undermine the power of faculties to supply education that aligned with their core values.

This would constitute a major reversal of the party’s original position, announced in April 2023, when it committed in principle to passing laws to implement all 122 recommendations from the Queensland Human Rights Commission’s review of the act before the following election.

The willingness to search out a compromise position that can defuse a few of the most hostile attacks on the federal government reflects each their weakened electoral position, having passed through a change in leadership and a variety of damaging public outcries over issues like youth crime and health care, and the increasing public debate around the difficulty of spiritual discrimination on a national level.

The draft laws has already attracted condemnation from religious groups, with faith leaders representing Christian, Jewish, and Islamic traditions joining together in writing a public letter labelling the proposed changes the “most restrictive” within the nation.

“The draft laws, because it stands, would undermine fundamental human rights, and could be a betrayal of all faith communities in Queensland,” it read.

“We consider the proposed exceptions must be reframed to proceed the exemption for faith bodies, including faith schools, whilst clarifying that it’s for shielding the liberty to manifest religion or belief, individually or in community with others.

“This includes the correct to worship, observe, practice, teach, and enable a parent’s right to decide on a faculty that conforms with their faith and moral convictions.”

The Queensland premier, Stephen Miles, had initially tried to downplay the importance of the criticism, saying he did “appreciate the trouble” taken to stipulate their concerns, but deferring any further comment to Industrial Relations Minister Grace Grace, who rejected the suggestion that the amendments went too far.

“Well, I’m undecided whether that is necessarily the case,” she said. “Obviously our proposals are about ensuring that nobody is treated discriminately.

“I assume there was specific issues that faith-based leaders have taken issue with but we expect everyone deserves to be treated with respect and to not be discriminated against.”

Despite the general public messaging, the strength and speed of the response from religious groups clearly has some in the federal government concerned, with Queensland Attorney-General, Yvette D’Ath, securing the support of the powerful Queensland Council of Unions general secretary, Jacqueline King, and others throughout the labour movement to take her alternative plan to the cupboard for what is predicted to be a heated debate.

Ms D’Ath’s proposal would involve retaining the “real occupational requirement” clause and as an alternative adding measures that required employers to take lively measures to guard their staff from victimisation and harassment. If accepted, the federal government hopes that the revised proposal shall be enough to alleviate a few of the most serious concerns of religion groups, while still satisfying those within the party demanding greater motion on discrimination.

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