The Morrison government has passed the religious discrimination bill in the House of Representatives after a marathon all-night sitting, despite Liberal moderates defecting to help add more extensive protections for LGBTQ+ students.
The Liberal MPs Bridget Archer, Trent Zimmerman, Katie Allen, Fiona Martin and Dave Sharma crossed the floor against the government, helping Labor and the crossbench add protections for LGBTQ+ students into the Sex Discrimination Act.
The main bill received a third reading at 4am, officially passing the lower house with Labor support after Wednesday’s resolution by the opposition caucus to fight for amendments but not oppose the bill at the final stage.
The human rights amendment bill, which now prevents religious schools discriminating against students on gender and sexuality, passed shortly before 5am – despite a last-ditch attempt from the government to defeat its own legislation.
Labor and several of the government’s own members were galvanised by the Morrison government revealing it will protect gay students from expulsion – but not other forms of discrimination – without protecting trans students at the same time.
Zimmerman told the house the parliament could not send a message by “omission” by moving to fix sexuality discrimination but not gender identity discrimination. “I could not live with myself if I didn’t seek to address those issues.”
#BREAKING Labor has been successful in protecting LGBTQI school children from discrimination.
— Anthony Albanese (@AlboMP) February 9, 2022
Earlier, the Morrison government defeated Labor amendments to the statements of belief clause by the narrowest margin.
Despite Archer and Zimmerman voting against the government, shortly after 2.30am the speaker, Andrew Wallace, used his casting vote to break a 62-all tie to thwart Labor’s amendment to the controversial clause.
Further amendments to ban vilification on the grounds of religion and discrimination in the provision of in-home aged care services were defeated, with Zimmerman joining the Coalition, Bob Katter and Craig Kelly on those votes.
The Liberal MP Warren Entsch, who earlier told parliament he didn’t believe the bill was necessary and still had concerns about statements of belief and LGBTQ+ children, nevertheless voted against all amendments, claiming it was necessary to “bank the successes” of other changes to the bill.
Labor’s fight to amend the package of legislation will now move to the Senate, where it hopes support from the Greens, Rex Patrick, Jacqui Lambie, Stirling Griff and Liberal defectors including Andrew Bragg will help it win amendments defeated in the lower house.
Bragg has already called for the statements of belief clause, which protects religious statements even if they offend, insult or humiliate others on the basis of protected attributes, to be removed in its entirety.
Scott Morrison called for the bill to pass in a speech at 12.50am, arguing it was necessary to provide “the freedom” that migrants come to Australia to access.
The prime minister told parliament he “earnestly hoped [the bill] would unite this place” and be achieved with bipartisan support.
Morrison thanked members for “their commitment to the children we are raising in this country, and the best interests of their welfare”.
He noted concerns about LGBTQ+ students, promising the government amendment would prevent the expulsion of gay children and arguing there would be a “time and place” to consider transgender students after the Australian Law Reform Commission review to follow in six months.
He revealed that the government will set up a new select committee for youth mental health in parliament, to be led by Allen and Martin.
In later debate, Anthony Albanese reminded Morrison that he had committed to him in writing on 1 December to prevent “any form of discrimination against a student on the basis of sexuality or gender identity” and had done the same before the Wentworth byelection in 2018.
The Labor leader suggested that voters in Wentworth, where Sharma faces a fierce challenge from the independent Allegra Spender, would remind the government of that commitment.
Anna Brown, the chief executive of national LGBTQ+ lobby group Equality Australia, said the passage of the religious discrimination bill was a “dark [day] for our community”.
A dark for our community as the #ReligiousDiscriminationBill passes the House of Representatives.
— Anna Brown OAM (@AnnaEquality) February 9, 2022
But proposed amendments to protect students and teachers are yet to be voted on.
And we’ll continue the fight in the Senate.
The Greens leader, Adam Bandt, accused Labor of supporting “Scott Morrison’s hate bill, saying it’s terrible but then voting it into law”.
“For all their strong speeches, not one single Labor MP voted with the Greens and crossbench to oppose the bill,” he said.
Votes in the Senate will be tight, with Labor likely to need the Greens, three crossbench senators and at least one government senator for every amendment.
Patrick, Griff and Lambie have all confirmed they oppose the bill. Griff is likely to vote for the LGBTQ+ student protection, as the successful amendment was moved by Centre Alliance MP Rebekha Sharkie.
Patrick told Guardian Australia: “I do not want any discrimination against LGBTQ+ people – children or staff.”
Earlier on Wednesday Pauline Hanson offered the Coalition a Senate lifeline, promising that One Nation will vote for the legislation despite its claim it would oppose all government bills over its handling of the pandemic.
Labor has resolved to “insist” on any amendments passed in either house until Liberal members help pass them or Morrison withdraws the bill, setting up a potential impasse if the Senate makes further amendments.
Albanese indicated in caucus that a further meeting could reconsider in the event of an impasse – leaving a pathway to pass the bill before the 2022 election.
In parliament, Albanese described the bill as “flawed”, warning that although he supports prohibiting discrimination on the grounds of religion, “I don’t support doing it at the expense of increasing discrimination against others.”
