In an important decision on free speech issues, the High Court of Australia, in its decision in Clubb v Edwards; Preston v Avery [2019] HCA 11 (10 April 2019), has upheld the validity of laws in Victoria and Tasmania prohibiting communication about abortion within 150m of an abortion clinic. The decision may have serious implications for free speech about other issues on which religious believers have deep-seated convictions contrary to the general orthodoxy of modern Australian society.

The Senate Legal and Constitutional Affairs Committee has now (Feb 14, 2019) tabled its Report on the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, a Private Senator’s Bill introduced last year by Senator Wong with the support of the ALP.

In my former posts (here and here), O Friend of Law and Religion, I have dealt with all that the Ruddock Report covered in recommendations 1-12 and 15, along with the official Government Response to those recommendations. In this post I aim to cover recommendations 13-14 and 16-20. These deal with important issues of the law of blasphemy and religious free speech, along with State discrimination laws, collection of data, education on religious freedom, the role of the Australian Human Rights Commission, and the exercise of leadership in the area by the Commonwealth.    

Following my previous post giving comments on Recommendations 1, 5-8 and 15 of the Ruddock Report and the Government Response, I will comment here on another set of recommendations (Recs 2-4, 9-12) and the likely outcome. Comments on recommendations 13-14, and 16-20, will (hopefully) be made in Part 3!

The long-awaited Religious Freedom Review: Report of the Expert Panel (chaired by the Hon Philip Ruddock) has now been released publicly, along with the formal Government Response. After the prior leaking of its 20 recommendations there were no major surprises as to the final conclusion, but there is much interesting background to the recommendations (and in one or two cases the full Report seems to have a significant impact on how one should read the language of the recommendations.) It is also important to see the announced intentions of the LNP Government as to how they will respond. In this first post in response to the full Report I will comment mainly on recommendations 1 & 5-8 and recommendation 15, with the other recommendations to be left for part 2 or later.

A brief note about the Sex Discrimination Act amendments which have the subject of a number of recent posts. The House of Representatives has now adjourned for the year without a Government Bill being introduced to make any changes concerning religious schools and discrimination. So no binding changes will be made this year. On 6 December the Senate referred the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 11 February 2019. Submissions to the Committee can be made at the website linked here, and must be provided by 11 January 2019: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Sexdiscrimination.

A number of Christian and other religious organisations are deeply concerned about the proposals in the ALP-sponsored private Bill due to be debated in the Senate on Monday Dec 3. As I have discussed in previous comments (here and here) the Bill, which started out as an agreed measure to stop religious schools from expelling gay students on the basis of their “orientation” alone, has a number of other serious consequences for religious freedom, not only for schools but for churches, mosques, synagogues and other religious organisations (such as, for example, University student ministries.) The Bill amends the Sex Discrimination Act 1984 to remove some clauses which have previously provided protection for Christian organisations to operate in accordance with their religious beliefs.

For those following the debates about proposed amendments to discrimination laws removing religious freedom from faith-based schools, the LNP Government has now tabled a number of amendments to the ALP Bill released earlier this week. While these amendments are a move in the right direction, there are still some serious concerns about their effect on religious schools and their ability to operate in accordance with their religious beliefs. The Government amendments can be seen on this page as separate documents. I will aim to briefly outline the effect of the amendments. I will assume readers are familiar with the ALP Bill discussed in my previous blog.

[Senator Wong, leader of the Opposition in the Senate, has introduced a Private Senator’s Bill aimed at removing the power of religious schools to discriminate against same sex attracted students. Unfortunately, the amendments do much more than stop schools expelling students on the basis of their internal sexual orientation (a goal all sides of politics agree on.) They will have a serious impact on the ability of such schools, and other religious bodies, to operate in accordance with their religious beliefs. A more nuanced approach is needed.