The Federal Labor shadow cabinet and caucus are meeting today to discuss the Coalition Government’s controversial Religious Discrimination Bill.

ACT Chief Minister Andrew Barr and the ACT Government oppose the bill, while ACT Greens have called on Canberra’s Labor politicians to vote against it.

Prime Minister Scott Morrison introduced the package of three bills in November, following a 2018 election promise. They would ban discrimination based on a person’s religious belief or activity in relation to employment, education, access to premises, and the provision of goods, services, and accommodation. They would also set up a Religious Discrimination Commissioner.

A ‘statement of belief’ clause would legally protect people who make comments that offend, humiliate or insult others as long as they express a person’s faith and are not malicious or intending to harass or vilify.

But the Public Interest Advocacy Centre has described it as “a radical departure from existing antidiscrimination law principles and norms. If passed, it would undermine the rights of women, LGBTI people, people with disability and people of minority faiths to live their lives free from discrimination. It is excessively complicated and contains a range of novel provisions that seek to privilege religious views over other rights in ways that will corrode, rather than build, tolerance and harmony.”

Under pressure from Liberal moderates and lobby groups, the Coalition partyroom agreed on Monday to change the Sex Discrimination Act to ensure religious schools could not discriminate against LGBTQI+ students and teachers. However, schools would still be able to expel transgender students “to avoid injury to the religious susceptibilities of adherents of that religion or creed”.

The Coalition states it is confident the bill will pass, despite concerns from within the party. Senator Marise Payne has said she “ultimately” wants to see legislated protections for transgender students as part of religious discrimination reforms. Tasmanian MP Bridget Archer has said she will cross the floor to vote against the bill, while Liberal MP David Sharma also has qualms.

Labor could seek to strip the ‘statement of belief’ clause out of the bill. Labor frontbencher Kristina Keneally said the Opposition supported the principles of not discriminating against children in schools or against people of faith.

The ACT Government does not support the bills, fearing they privilege the protection of religious freedom and speech over other human rights. They could weaken state and territory laws; limit human rights protections for Territorians; and permit discrimination against LGBTIQA+ students and employees.

Mr Barr noted the bills might be amended to protect religious freedom without impinging on the rights of others, as the ACT Human Rights Act does.

The Greens plan amendments to remove the contentious statement of belief section, and to remove the section of the Sex Discrimination Act allowing religious schools to discriminate.

Greens MLA Johnathan Davis and Federal candidate Tim Hollo wrote to the ACT’s three Labor MPs and Senator Katy Gallagher this week, urging them to vote against the bill. They are concerned Federal Labor will support the bill, with ‘minor and technical amendments’.

The Greens fear it would override state and territory protections; undermine inclusive workplaces, schools, and reduce access to services like healthcare, housing and community support without judgement and discrimination; and affect women, disabled people, multicultural communities, First Nations peoples, and LGBTQI+ people.

“A so-called anti-discrimination bill that legitimates and legalises prejudice would be laughable if it weren’t so dangerous, and Canberra’s kind, compassionate, thoughtful community has a reasonable expectation that our MPs will stand up against it,” Mr Davis said.

Labor MP Dr Andrew Leigh, Federal Member for Fenner, speaking in the House of Representatives yesterday, insisted that Parliament must reduce discrimination, not increase it.

Labor supported the extension of the Commonwealth’s antidiscrimination framework to ensure Australians were not discriminated against because of their religious beliefs or activities, Dr Leigh said; he wanted to ensure extending that framework did not remove protections in law against other forms of discrimination.

“It is absolutely vital, particularly as the parliament looks at the clauses surrounding a statement of belief, that a compromise is crafted which reduces discrimination in Australia and does not increase it.”

Dr Leigh thought the bill elevated religious speech above other human rights while undermining existing protections; it could be unconstitutional; and it gave the minister power to override other laws. If the bill overrode state and territory antidiscrimination laws, people might not be able to bring antidiscrimination cases, or could face a more complicated or expensive process.

Parents of transgender and non-binary children were concerned the bill would make discrimination worse, and children not comfortable in their identities might face a backlash.

“It is our concern that this bill not worsen discrimination, and that it not put vulnerable Australians in a position in which they might be subject to expulsion, to being vilified, and to feeling that their mental health issues are being worsened.”

Dr Leigh was concerned the Prime Minister had waited until the end of the 2021 parliamentary sitting year, close to the election, before he introduced the bill, even though he promised in 2018 it would be passed before the 2019 election.

“There just hasn’t been the time to scrutinise this bill that I think the issue deserves,” Dr Leigh told Sky News this morning. “We need to take our time to get this right.”

By Nick Fuller, with AAP

Get all the latest Canberra news, sport, entertainment, lifestyle, competitions and more delivered straight to your inbox with the Canberra Daily Daily Newsletter. Sign up here.