The debate surrounding “religious freedom” is again gathering momentum, with Attorney-General Michaelia Cash expected to introduce the Religious Discrimination Bill into parliament by the end of the year.
Church lobby groups - keen for the bill to be enshrined in law before the federal election - believe religious protections are necessary to ensure Australians can live freely in a time when these "freedoms" are increasingly under threat.
Opponents of the bill say it privileges and prioritises religious rights to the detriment of LGBTIQ+ people, women, minority faith communities and people with disabilities.
So what are the terms in the draft Religious Discrimination Bill, why was it considered necessary, and what are the arguments for and against it?
Why did the bill come about?
When Australians , concerns emerged among religious leaders, politicians and activists with same-sex marriage conflicting with their religious beliefs. Some expressed concerns that as public institutions like churches, schools and workplaces adapted to the new status quo, their ability to practice and express their religion freely came under threat.
The debate caused then Prime Minister Malcolm Turnbull to commission a review of religious "freedom" in Australia to be led by Philip Ruddock, a long-serving minister in the Howard government.
The Report of the Religious Freedom Review was released in December 2018 under Prime Minister Scott Morrison - himself a staunch defender of religious "freedoms". It found Australian law should better protect and promote "freedom" of religion.
The federal government created in response, which included the Religious Discrimination Bill, the Religious Discrimination (Consequential Amendments) Bill, and the Human Rights Legislation Amendment (Freedom of Religion) Bill.
The government has conducted two rounds of public consultation on the draft legislation, with Attorney-General Michaelia Cash now consulting on a third iteration of the draft legislation to overcome resistance among the public, and alleged disagreement within the Coalition.
The legislation is expected to go to a Coalition party room next Tuesday before it is introduced into parliament.
But it’s been revealed measures within the draft laws have been scaled back just a week before parliament returns, to prevent backlash over some of the more contentious aspects of the bill.
Attorney-General Michaelia Cash is now consulting on a third iteration of the draft legislation of the Religious Discrimination Bill. Source: AAP
What will it mean for Australians?
The Religious Discrimination Bill aims to prohibit discrimination in public places such as workplaces, schools, clubs and healthcare settings on the basis of religious belief or activity, including if a person does not hold any religious belief.
found that 61 per cent of Australians, or 14 million people, are affiliated with a religion or spiritual belief, down from 68 per cent in 2011.
More than 86 per cent of religious Australians identify as Christians, with Muslims the second-largest religious group, followed by Buddhists and Hindus.
The "Israel Folau clause”
SBS News understands the government has removed a key part of the laws relating to the so-called “Folau Clause” which had sought to give people more right to express views on the basis of their faith.
The clause had earned its label after rugby player Israel Folau, who was sacked in 2019 over a controversial Instagram post condemning "drunks" and "homosexuals", and warning "hell awaits" them.
The measure would have given legal protection to an individual from having their employment terminated as a result of expressing their religious belief.
But the revised bill is expected to retain a separate provision that would make it unlawful for a qualifying body to sanction someone for making offensive remarks.
This means while the laws could potentially allow an employer to terminate the contract of an employee - it would prevent this kind of body from removing that person’s right to work for other employers.
Health practitioner conduct
The government has also removed measures from the draft bill that would have allowed health providers to refuse treatment on the basis of “conscientious objection”.
The decision was made following complaints from health experts about the implications of this legislation for abortion, contraception and broader healthcare.
The bill originally said doctors, nurses, midwives and pharmacists should have the right to refuse treatment to patients on religious grounds and make religious statements that could be considered discriminatory.
There were concerns this could particularly affect young women in small towns where there may only be one pharmacy or doctor, forcing them to find treatment elsewhere.
It also meant healthcare providers could have potentially refused to prescribe hormone treatments for gender transitions, or even treatment for people with a disability that involves stem cell research.
Preferencing by religious bodies
The draft bill will retain a provision that gives religious institutions the right to consider an individual's religion when hiring staff.
This means workplaces would be able to employ people where they consider a religious belief as an “inherent requirement” of that work. The protection had been sought by private schools that believe personal faith should be a factor in hiring teachers.
But the measures could also mean employees in faith-based organisations have little protection if their beliefs differ from those of their employer.
Religious hospitals, aged care facilities and accommodation providers could employ people of a certain religion to ensure “bodies can maintain their religious ethos throughout staffing decisions”.
Importantly, religion would not have to be an accepted form of belief, meaning the clause could potentially provide protection to people with much more extreme and unorthodox beliefs.
Employer conduct rules
It’s also understood the revised bill has retained other safeguards for “statements of belief”, which act to override other Commonwealth, state and territory anti-discrimination laws.
This would mean that Australians in the workplace may not be protected under existing anti-discrimination laws where a manager or colleague makes offensive, uninformed or damaging statements based on religious beliefs.
Any organisation with revenue of at least $50 million must pay greater adherence to their employees with religious beliefs, and would be unable to impose rules that restrict people from making statements of belief in their personal capacity, unless they are an essential requirement of the business.
“If a large business imposes a condition relating to the standards of dress, appearance or behaviour of their employees, and that condition would restrict or prevent an employee from making statements of belief in their private capacity, the business is required to prove that compliance with the condition is necessary to avoid unjustifiable financial hardship to the business,” the bill says.
This means large private employers and professional bodies could find it harder to enforce standards that make their organisations and professions inclusive and safe places for everyone.
A Freedom of Religion Commissioner
The bill would also create the new office of the Freedom of Religion Commissioner in the Australian Human Rights Commission.
According to the draft legislation, the commissioner will strengthen the understanding and protection of freedom of religion in Australia through community outreach, advocate for and inquire into issues relating to freedom of religion, and promote understanding and compliance with the Religious Discrimination Act.
The Religious Discrimination Bill allows religious bodies to “give preference to adherents of their religion”. Source: Moment RF
What do supporters of the bill say?
A spokesperson for the Attorney-General told SBS News in a statement that the bill “will ensure that individuals cannot be discriminated against on the basis of their religious belief or activity”.
“Religious freedom laws are essential to ensure that you – and all Australians – can live according to their convictions in public life,” the Australian Christian Lobby said in a statement.
“Increasingly, you can be punished if someone feels offended by you expressing your beliefs. You could even face investigation or legal action for your stance on faith, family, abortion, marriage, sexuality, gender and more.
“That’s not a free society. You should be allowed to think, speak, and act according to what you believe.”
Denis Dragovic, a senior honorary fellow at the University of Melbourne and an expert on religion and society, says the controversy surrounding the bill is due to a rapid transition away from a homogenous Christian culture, which he describes as a “shift driven in part by elites who carry a heavy distrust of all religions and even an anti-religious bias”.
“Belatedly, people of faith are taking a stand saying that their rights also matter,” he told SBS News. “This clash is unlikely to abate as more and more migrants from different faith groups stand up.
"This bill is an important step to take."
Dr Dragovic says respecting religious rights means more than allowing people to hold a belief in private; it’s also about allowing them to practice their faith in public and dictate what happens in religious institutions.
This includes whether hospital patients can be euthanised on their premises and the ability of faith-based schools to “have some discretion to discriminate in the hiring of teachers and other staff on the basis of religious belief, sexual orientation and gender identity”, he says.
When asked if the bill prioritises people’s religious beliefs to the detriment of vulnerable people, Dr Dragovic says human rights law is by nature a “tension between competing rights”.
“We shouldn’t accept the argument that an international human right should not be protected because of the possibility that a small number of individuals could be adversely impacted,” he said.
Dr Dragovic also rejects the assumption that the bill is a step back for minority groups in Australia.
“There are a growing number of instances where people of faith, including minority faiths, are being discriminated against, pressured and coerced, because of their faith. This should not be accepted in modern Australia.
“There are many people who are from a minority group and yet are people of faith and support religious protections. It is wrong to see this legislative protection as being imposed against minorities, that is simply not the case.”
What do opponents of the bill say?
LGBTIQ+ rights activist Rodney Croome, a spokesperson for Just.Equal Australia, says the bill does not offer universal rights but instead offers special legal rights to one particular group.
“It’s meant to prevent discrimination on the grounds of religion, which everyone would support if that’s actually what it was about. But what it does is allow discrimination in the name of religion,” he told SBS News.
“The bill says this is about freedom for faith, but it’s not, it’s really about privilege for prejudice.”
It’s a view widely shared among the Australian population, with a petition on change.org called signed by nearly 155,000 signatures.
“The Morrison government has flagged a religious discrimination bill that will allow for blatant discrimination against our society's most vulnerable groups: Women, Single Mums, LGBTIQ, People with a disability, Ethnically and religiously diverse populations ... all under the guise of religious 'freedom',” says the petition.
Mr Croome agrees minorities, women and LGBTIQ+ people are likely to be the targets of religious Australians who would have “special rights to say demeaning and discriminating things”.
“Under those provisions, anyone who could fall foul of any religious belief, whether that's a person with a disability who is ‘demonically possessed’ or a young woman who isn’t 'chaste' or someone who wants to transition who’s 'satanic'. They all suffer," he said.
LGBTQI+ rights advocate Rodney Croome. Source: Supplied
that sections of the bill “appears to reduce patient safeguards and derogate patients’ rights to access healthcare, while also undermining the rights of some doctors by enabling employers to discriminate against them based on religious belief”.
it could pose challenges for workplaces wanting to foster inclusive cultures.
“Businesses could face legal challenges if they tried to enforce workplace diversity and inclusion policies, and will find it difficult to protect employees from harassment and discrimination,” its statement said.
“We proactively support our members in creating workplaces where religious belief is afforded the same dignity and respect as other attributes of a person’s identity.
"The second exposure draft would further expand discrimination against LGBTIQ+ people."
, the Australian Discrimination Law Experts Group described the bill as "flawed".
"It privileges and prioritises religious belief and activity over other protected attributes, and overrides existing protections for women, LGBTIQ+ people and other vulnerable groups. In doing so, it grants positive right to individuals to harm others through ‘sword’-like provisions.”
Mr Croome says for Australia’s LGBTIQ+ community, the bill could be “devastating”.
“The LGBTIQ+ community and our allies have been working so hard for decades to foster in Australia a more inclusive and fairer society. It feels deeply unjust that the federal government wants to take those things away, which is exactly what this bill will do - it will make workplaces less inclusive, it will make it harder to access healthcare and it will override or erode some of the laws that we have worked so hard to create.
“This Religious Discrimination Bill says we will roll back all the things you thought you had, all of the protections, all of the inclusion. We will not allow you to live in hope of being treated equally. That’s what the Religious Discrimination Bill says to us."
Additional reporting by Tom Stayner
LGBTIQ+ Australians seeking support with mental health can also contact QLife on 1800 184 527 or visit . also has a list of support services.
