Religious discrimination back on the agenda in 2024

The debate about Australian religious discrimination legislation is expected to re-emerge again this year.

As a tool for Uniting Church members who may be seeking to engage in this issue locally over the coming months, below we explore what's happening with religious discrimination laws, the Uniting Church position and how the Uniting Church has engaged so far.

Uniting Church President Rev Sharon Hollis has also released a Pastoral Statement calling Uniting Church members to care for each other and for those who may be feeling vulnerable ahead of a renewed debate.

What’s happening with religious discrimination laws?

Religious discrimination has re-emerged as a topic of concern in the national conversation. This conversation is about what it means to enjoy religious freedom and what protections are in place to ensure all Australians are free from religious discrimination.

The Australian Government is currently considering legal protections for religious beliefs in order to meet a commitment it made at the last election to introduce legal protections for religions. In March 2024, the Australian Law Reform Commission (ALRC) released a report, commissioned by the Government, which focused on discrimination in religious schools. The recommendations in the report aim to strengthen protections for LGBTIQA+ students and staff at religious schools.

With the release of this report and as work progresses towards a separate Religious Discrimination Act, there is heightened concern in the community about the laws and their implications.

In its engagement with the Government on this issue, the Uniting Church has consistently argued that any laws that allow religious organisations to discriminate on the basis of religious belief must be carefully balanced against the rights of people to be free from discrimination.

In the Assembly’s submission to the ALRC, we supported changes that will increase protections for LGBTIQA+ students, staff and their families.

How has the Uniting Church engaged with this issue?

The Uniting Church Assembly has played an active role in engaging with the Federal Government on religious discrimination.

Our longstanding position is that the right to religious freedom is an important part of protection of all human rights nationally by law. We have maintained legal protections for people of faith and religious organisations would be best served under a holistic human rights act. We have consistently said that any permissions given to religious organisations to discriminate must be carefully balanced against the rights of people to be free from discrimination and to live with dignity. The safety and well-being of vulnerable groups and minorities is paramount.

Our position is grounded in our belief that every person is entitled to live with dignity because they are made in God’s image and that each person’s life and rights need to be protected or we are all diminished. We recognise all human rights are important, interdependent and interrelated.

In its most recent submission to the Australian Law Reform Commission (ALRC), the Uniting Church affirmed the principle that the safety and care of students should be paramount. Our report supported the proposed changes to the Sex Discrimination Act which seek to prevent discrimination on the basis of characteristics such as sexual orientation or gender identity, while also enabling such institutions to conduct themselves according to the doctrines, beliefs and teachings of their faith. The recommendations also included exemptions which allow religious schools to appropriately preference members of their faith in the selection of staff.

How will the Uniting Church continue to be involved?

The Uniting Church’s engagement on this issue has included written submissions, consultations with Government and contributions to the national conversation in forums and media. The Assembly plans to continue this engagement and will be seeking ways to have our voice heard in the coming months.

What can you do?

• Speak to your local MP about how you feel about religious discrimination. You might like to share a link to one of our previous submissions.
• Share the Uniting Church position with others. Here’s a great example from Engadine Uniting Church.
• Continue to stay informed and updated. Any updates or further contributions from the Assembly will be shared in National Update. Sign up here.

Where can you read more?

See the news grid below for past news from the Assembly on this issue.

Further reading

• Download the President's Pastoral Statement as a PDF
• Dignity in humanity: recognising Christ in every person, Uniting Church statement adopted by the 11^th Assembly 2006.
• What is happening with religious discrimination laws in Australia? Professor Lucas Lixinski, Associate Dean (International) at UNSW Sydney’s Faculty of Law & Justice.
• Why are religious discrimination laws back in the news? Luke Beck, Professor of Constitutional Law at Monash University, The Conversation, 20 March 2024.
• Australia’s religious and sex discrimination laws need fixing, a new report says. What happens next? The Guardian Australia, 23 March 2024.