TRANSCRIPT
The debate around who religious schools can hire and fire is back - and it's a debate Australians know all too well after years of failed attempts to legislate the issue.
Now, a long-awaited independent report by the Australian Law Reform Commission has tabled its recommendations on Religious Educational Institutions and Anti-Discrimination Laws.
The report calls for a contentious exemption in discrimination law to be scrapped.
It allows religious schools to dismiss teachers and expel students who don't conform with their beliefs.
The report - which recommends amending the Fair Work Act and enshrining a new Religious Discrimination Act - has been backed by equality groups.
The Australian Human Rights Commission has also welcomed the report, saying the recommendations would protect students and teachers from discrimination on the basis of their sexuality, gender identity, marital or relationship status, or pregnancy.
But faith leaders have hit back, arguing in an open letter that the recommendations would extinguish the distinct and authentic character of religious schools.
Mark Spencer is Director of Public Policy at Christian Schools Australia.
He's told SBS News that he thinks the recommendations are outrageous.
"They are a direct attack on faith in Australia. They would gut Christian schools, they would gut other faith-based schools. They would effectively try to tell us what beliefs we can and can't have and which staff we can employ."
The Law Reform Commission's report also recognises the right to religious freedom.
It recommends religious education institutes should still be able to give preference to employing people of the same religion, as long as it is proportionate and necessary to maintaining the faith community - and doesn't breach existing discrimination laws.
Mr Spencer says that recommendation is ineffectual, because many faith groups have strong views on issues like gender, sexuality and marital status.
"What that recommendation does is effectively say you can't have beliefs in those areas, you can't hold people to beliefs in those areas. The other recommendations they make make it clear we can't have codes of conducts or other requirements on staff, to actually share our beliefs in those areas and live in accordance with those beliefs. Effectively it's going to mean we can't be the authentic Christian schools we want to be."
The Prime Minister Anthony Albanese has revealed his government has drafted two bills in response to the report, which Attorney-General Mark Dreyfus received in December.
Mr Dreyfus has said the drafted legislation aims to strengthen protections against discrimination across all groups.
He says no student or staff should experience discrimination against because of who they are - but neither should people of faith because of their religion.
It's a delicate balancing act.
President of the Islamic Council of Victoria Adel Salman tells SBS News it's possible - as long as there is good faith on all sides.
"We understand that there are competing rights and the job of the government is to actually ensure we have a fair balancing of those competing rights, while still upholding that fundamental right to religious freedom which Australia signed on to, many years ago."
Anthony Albanese is determined to avoid the divisive debates that have marred previous attempts at legislating the issue.
"Australians don't want to see the culture wars and the division out there. I want this to be an opportunity for unity going forward. And that's why we've provided the legislation to the opposition, previously - the opposition were briefed on this and we've said as well we're happy to engage across the parliament on all of these issues."
The Prime Minister acknowledges that a political compromise on this issue requires bipartisan support.
But Deputy Opposition Leader Sussan Ley [[Susan lee]] says she is deeply disappointed by Mr Albanese's response.
"His approach is completely lacking in transparency. In terms of the legislation itself, I haven't seen it. Members of the opposition may have but under strict embargoes not to share it, so I haven't seen it. I'm not going to comment on it. That legislation needs to progress through the parliament in the same way that all legislation does, including the scrutiny, if necessary, of a senate committee."
The message from the cross-bench, typified by Senator David Pocock, is also that the government should provide more information.
"One of the issues here in Australia is we don't have an over-arching human rights act or framework and so I think these conversations are - yes, they're fraught, but they're so important that we get them right. So I would ask the government, put forward your proposal and then let's debate it on its merits and then let's deal with this legislation and see what the senate cross-bench thinks."
But there are also concerns from the cross-bench about Australia's capacity for a mature and compassionate debate.
Lower House M-P Monique Ryan says the issue harks back to another divisive debate of recent times.
"The concern that many in my electorate have spoken to me about is that they remember very well how traumatic the discussions were around the marriage equality plebiscite. And they feel very unsure and nervous about what a discussion about these acts could look like, and they don't trust the opposition to act with integrity, generosity, kindness and compassion around those debates. And so I think it's up to the opposition to tell us that they are ready to engage on these really important questions, with the cross-bench and the government, in a way that's positive and will not cause harm to people who are already vulnerable."
Another M-P, Zali Steggall, says the failed Voice referendum - which she says was also about Australia's social cohesion - makes her wary.
"My great fear is if we go down a road of a religious discrimination bill again without the Coalition committing to not politicise this, it will be a very negative and harmful debate for the most vulnerable in our community. And I would - in that situation - very much support the prime minister in not wanting to go down that unless there is that commitment from the Opposition."
For now, many groups are still holding out faith that a political compromise can be achieved.
