Queer and believers: Australians caught in the middle of the bill on religious discrimination
Freedom of religion has been a hot-button issue since same-sex marriage was legalized in 2017.
Almost three years after the report from Freedom of religion review was released, Advocate General Michaelia Cash is expected to present the bill on religious discrimination in parliament this week.
While the bill has attracted support from certain religious lobby groups, others have raised concerns, including some Christian groups, Jewish groups, LGBTQ + groups, disability lawyers, the Australian Medical Association and the Diversity Council Australia.
The latest draft has not been made public, but two controversial aspects have reportedly been removed – the so-called “Folau clause”, which sought to limit employers ‘control over employees’ creeds, and the right of health professionals to reject procedures on religious grounds.
Still, critics warn that the bill could strengthen the ability of faith-based employers – including schools, hospitals and geriatricians – to discriminate against employees based on their religious beliefs, marital status or sexual identity, if it goes against the organization’s ethos. .
Queer believers tell ABC that such discrimination is widespread.
Displaced from the church
Rosalie Dow Schmidt grew up with a Christian pastor as her father, and her teenage years revolved around her religious community, whether it was teaching Sunday school, performing in the worship band, or working as a youth pastor.
She believes church leaders revoked her position in the church after finding out she identified herself as queer.
“Quite mysteriously, a few months later, the Church decided to no longer have a youth pastor and instead spend the money on something else,” the 31-year-old says.
“From my perspective, it seemed pretty clear that I was fired because I was gay. But because that was it [an affirming church], they did not do so officially, because it is against their policy. “
While Ms. Schmidt continued her commitment to Christian communities in subsequent years, she says she continued to face setbacks for her sexual identity.
Sydney-based pastor Steff Fenton, who uses pronouns, says they had a similar experience.
“I grew up in a church where I learned that you can not be both queer and Christian,” says the 32-year-old.
“When I first discovered that I was gay, it was something I was very ashamed of, and which I tried to suppress and resist.
When Mx Fenton worked up the courage to speak to their church minister, they said the answer was quick and clear.
“I was removed from everyone [church] leadership roles and participation in the Church. It was very painful and harmful for me. “
‘An extra way to discriminate’
Simon Rice, professor of law at the University of Sydney and a member of the Australian Discrimination Law Experts Group, says such discrimination is already allowed thanks to religious exceptions in existing discrimination legislation, “including the Sex Discrimination Act, NSW Anti-Discrimination Act and SA Equal Opportunity Act “.
“The proposed new bill, as we last saw it, could possibly provide an additional way to discriminate [LGBTQ+ people], which is already permitted under other laws. “
Professor Rice says the bill contains another provision that could affect members of the LGBTQ + community.
“There is what we call the ‘statement of belief’, which gives anyone permission to express a religious opinion without being subject to any discrimination law anywhere in Australia,” he explains.
Although the bill may be amended before it is presented to Parliament, Professor Rice says that based on the latest version he has read, this provision overrides the discrimination laws of all states and territories.
“It means that if you want to express your ‘religious beliefs’ about someone else, you will be completely free to do so,” he says.
“There will be nothing to stop doctors from saying what they think about their patient’s lifestyle, housing providers say what they think about single parents, and so on.
“There’s a saving clause that says, ‘Not if it’s slander, or if it incites hatred,’ so there’s a limit. But I do not think it’s any consolation for anyone who knows that every time they see a service provider, their lifestyle, characteristics, personality can be the subject of comments without use. “
Anthony Castle, community director at the LGBTQ + -confirming Activate Church, fears the bill’s declaration of faith may leave young queer people exposed.
“It puts queer youth – especially those who do not have the choice of their church, their family or the religious schools they may be involved in – at risk.
“We know from a lot of research that those kinds of messages in non-affirmative communities are incredibly harmful, but the prospect of leaving a family or church is also harmful. So it’s a loss-loss situation.”
Debate on the need for a bill
The Religious Freedom Review recommended a bill on religious discrimination to protect religious freedom throughout the country.
Professor Patrick Parkinson, dean of law at the University of Queensland, says most states and territories – with the exception of New South Wales and South Australia – already have existing laws banning religious discrimination.
“There is already coverage of that issue in a large part of the country, and this bill just appropriately adds a federal bill,” he says.
The queer believers ABC spoke to, however, question the need for such a bill.
As a queer person and a Christian, Mx Fenton says they have experienced discrimination because of their sexual identity, not their religion.
“To have a bill … that wants religious people to be protected from discrimination in a way that other people are not protected – it instills inequality and injustice.
“It is, in fact, I would say anti-Christian to support a bill like this.”
Ms. Schmidt says that between Christian holidays and the inclusion of Christian prayers in Parliament, she feels her faith is privileged rather than persecuted.
“I do not think anyone can say that Christianity is an underdog, quite frankly, or an oppressed group.”
Mr Castle is equally skeptical.
“There’s this weird story you hear about people being discriminated against or persecuted for their faith in Australia, and it’s confusing to me,” he says.
“People can make fun of you because you have a religion. Christians are made fun of, and that’s a shame, but it’s not the same as being discriminated against or disadvantaged.”
For Mx Fenton, it is painful to see Christian organizations – which allegedly share their belief system – seek additional protection for making discriminatory comments.
“It’s really hard when it’s people who have to be your biggest allies,” they say.
“As a community of Christians, they should be the ones we are most closely aligned with, and yet they are the people who hurt us.”
Others like Dr. However, Renae Barker, an associate professor at the University of Western Australia Law School, says that the Religious Discrimination Bill – when read in conjunction with the Gender Discrimination Act, the Racial Discrimination Act and the Age Discrimination Act – plays an important role.
“I know a number of minority groups … who are very keen to see this legislation passed.
“Right now we have Muslims, Sikhs, Buddhists and Hindus in our society who are being discriminated against on a daily basis and subjected to significant harassment and ill-treatment in our society.
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