Anti-Discrimination Laws: Religion vs. Sexual Orientation in Australia

This report delves into the intricate landscape of anti-discrimination laws in Australia, focusing on the interplay between religious freedom and the rights of the lesbian, gay, bisexual, and transgender (LGBT) community. It provides a historical overview of Australia's secular foundation and the legal framework designed to uphold human rights, including the role of the Federal Constitution and the Australian Human Rights Commission. The report analyzes the ongoing debates surrounding religious freedom, same-sex marriage, and the potential conflicts between religious beliefs and LGBT rights. It examines key legal issues such as the secret of confession, hiring decisions, and the impact of the Marriage Act 1961 and Charities Act 2013. The analysis extends to the 2017 referendum on same-sex marriage, the subsequent legislative responses, and the government's efforts to balance the claims of religious freedom and LGBT rights through measures like the Australian Government's response to the Religious Freedom Review. The report highlights the ongoing challenges and the lack of a definitive solution to reconcile the differing perspectives of religious groups and the LGBT community, especially regarding employment practices and the application of anti-discrimination laws.

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ANTI-DISCRIMINATION LAWS FOR BOTH RELIGION AND SEXUAL
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Part 1
Australia has been a secular state since the founding of the Federation. Through
legislation, Australia has been attempting to meet the human right of freedom recommended
by United Nations Human Rights Office of the High Commissioner. Thus, in 1901, the
Federal Constitution provided for secularism, enabling many different religious views and
voices to function in the community. A clause called "Article 116" sets out the rules of the
federal parliament and must not be established or established. Religious laws, so we cannot
have an Australian national church.
To date, the religious freedom in the Australia is still given a lot of priority. In a
recent review on religious freedom, a number of recommendations were made on how to
protect freedom of religion1. The Australian coalition government has introduced a bill that
would make it illegal to discriminate against people because of their religious belief or
activity. The proposal was created to be implemented as a compromise assumed for the 2019
federal elections. The legislation would also establish a religious freedom commissioner in
the Australian Human Rights Commission. Also, it would amend existing laws such as the
Marriage Act 19612 and Charities Act 20133. It would be determined that religious groups
cannot be required to make their properties available for celebrations of same-sex marriages.
According to recent review, the government is forging ways on how to balance the claims of
religious freedom rights and the so-called “LGBT” rights (lesbians, gays, bisexuals and
transsexuals). It is true this that the issue comes. While LGBT are agitating for their rights,
the churches consider their move as against religious ideals. LGBT, for example, expects to
be hired even in churches. This does not go well with most churches.
1 Australian Government. Australian Government response to the Religious Freedom Review
(Australian Government 2018).
2 Marriage Act 1961 (Australia)
3 Charities Act 2013 (Australia)

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Although religious freedom is prioritized in Australian Constitution and laws, some
ideals of religious freedom comes in conflict with other human rights. Thus, one key legal
issue is how to achieve freedom of religion without creating conflict between religion and
other human rights. Australia has been having a debate on religious freedom in recent years
regarding the secret of confession, hiring decisions and same-sex marriage. Churches are
rejecting a bill of same-sex marriage that states that it does not adequately protect people of
faith. They say there was "nothing" in the bill that prevented people from expressing their
religious beliefs, but they are concerned about the future ability of governments to undermine
their religious rights in the future.
Another issue is that powerful interest groups are agitating for their rights and may
marginalize religious beliefs. There is a lack of understanding on how the religious freedom
can be promoted with other laws such as same-sex marriage.
Part 2
The group of lesbians, gay, transgender and bisexual (LGBT) lives a complicated
situation globally. The struggle for civil rights is translating into important victories in
Western countries with the passage of laws that punish discrimination and legally equate
same-sex couples. In the eighties, that same-sex people could marry and enjoy the same
rights as other couples was unimaginable even for the LGTB collective itself. But the speed
at which societies have been evolving in one part of the world has made it possible for these
unions to be a reality today.
Since World War II, Australian society has been aligning with the America in terms
of values and the rule of law. Every move by the United States has a considerable influence
on Australia. The US Supreme Court ruled in June 2015 that same-sex marriage is a
legitimate right in the United States and is one of the basic human rights. By 2016, the fight

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for same-sex marriage was still on. This prompted Australia to go to referendum. The results
of the historic referendum on same-sex marriage in Australia were released, and 61.6% of
voters voted in favor of the law, expressing support for the practice of law, allowing same-
sex couples to marry. Australian Prime Minister Malcolm Turnbull described voters as voting
for "equality, promise and love" and expects to pass the bill before Christmas this year, but
the road to revision is also expected to be equally controversial. Conservative MPs have
vowed to defend religious freedom, and Prevent the revision of the education policy.
Different from other mandatory referendums in Australia, this referendum was conducted on
a voluntary basis in the national post. It lasted for two months and the final turnout rate was
as high as 79.5%, that is, more than 12 million people voted, 7.8 million people supported,
4.9 million people Oppose4. David Kalisch, chief statistician of the Australian Bureau of
Statistics, described the voter turnout being much higher than the same type of voluntary
referendum in other countries, reflecting the fact that the event was highly valued by
Australians. The referendum sparked a lengthy debate in Australia 5. Congress twice rejected
the government’s proposal for a referendum, and once again accused each other of bullying
and misleading discussions. This debate is even linked to some violent incidents. Some
conservative lawmakers are expected to promote the inclusion of exemptions, allowing
companies to refuse to provide products and services for same-sex weddings and to guarantee
religious freedom. However, after passage of same-sex marriage, the government is putting in
place measures to achieve the rights of same-sex couples. That is why recommendation 11 on
Australian Government response to the Religious Freedom Review is calling for review of
Marriage Regulations 2017 to make it adapted to the needs of LGBT6. Other laws include
amendment of Shipping Registration Regulations 1981. The government is also planning to
4 Herald Sun. ABS chief statistician David Kalisch makes nation wait for SSM answer. (Herald Sun
Nov 15, 2017)
5 Herald Sun. ABS chief statistician David Kalisch makes nation wait for SSM answer. (Herald Sun
Nov 15, 2017)
6 Marriage Regulations 2017 (Australia)

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amend Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex
Status) Act 20137. In addition, the review allow the adjustment of shipping registrations to
accommodate the smaller groups8
Part 3
Evidently, the differences between the religious freedom and the rights of smaller
populations such a LGBT is not yet solved. Australian government is taking measures to
address the issue but the long-lasting solution is not yet realized. The source of the problem is
that most religious groups believes that the activities of LGBT are immoral and that is why
churches do not employ people from such groups. However, according to human rights, such
people ought to be protected like any other normal people. That is why Australia is coming
up with laws to protect and accommodate their activities. Evidently, one of the groups that is
not impressed is the church. Based on the religious freedom, Australian church and church
schools can make final decisions based on gender and sexual orientations when hiring and
dismissing employees. The churches have immunities for this and cannot be accused of
discrimination. This has attracted debate and opposition from affected groups. The Equality
Campaign, for example, is putting pressure on the government to lift the church’s immunity.
Just as the results were about to come out, the federal parliament had many differences on
how to legislate for same-sex marriage. Conservative MPs have recently introduced a new
bill that allows companies to refuse to serve same-sex couples. Other provisions of the Act
also allow pastors and priests to refuse to host weddings for same-sex couples, and to allow
parents to transfer children from classes they believe are “value conflicts”.
Abstract
7 Sex Discrimination Amendment Act 2013 (Australia)
8 Shipping Registration Regulations 1981 (Australia)

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The current battle between religious freedom rights and LGBT rights has sparked a lot
of debate and issues that are far from being solved. Whereas the government is advocating for
religious rights, some of the religious rights may violates the human rights of special groups
such as LGBT. Based on the religious freedom, Australian church and church schools can
make final decisions based on gender and sexual orientations when hiring and dismissing
employees. The churches have immunities for this and cannot be accused of discrimination.
The conflict and discrepancies forced the government to respond. Through the Australian
Government response to the Religious Freedom Review, the government identified 20
recommendations for implementation. The paper intends to review the recommendations and
determine whether the recommendations addresses the needs of religious groups and the need
of smaller groups such as LGBT without creating ambiguity. Among these implementations
focuses on the religious freedom whereas others focuses on the special groups. For example,
in recommendation 11, the government is reconsidering the rights smaller groups such as
LGBT. However, such adjustment will mean that the same government will have to lower the
immunity given to churches on anti-discrimination. Consequently, the findings reveals that
the differences between the religious freedom and the rights of smaller populations such a
LGBT is not yet solved. Australian government is taking measures to address the issue but
the long-lasting solution is not yet realized. The source of the problem is that most religious
groups believes that the activities of LGBT are immoral and that is why churches do not
employ people from such groups. However, according to human rights, such people ought to
be protected like any other normal people.

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Bibliography
Australian Government. Australian Government response to the Religious Freedom Review
(Australian Government 2018).
Charities Act 2013 (Australia)
Herald Sun. ABS chief statistician David Kalisch makes nation wait for SSM answer. (Herald
Sun Nov 15, 2017)
Marriage Act 1961 (Australia)
Marriage Regulations 2017 (Australia)
Sex Discrimination Amendment Act 2013 (Australia)
Shipping Registration Regulations 1981 (Australia)