The trans and rainbow community celebrated a victory when the Religious Discrimination Bill was withdrawn on February 10.
The bill purported to defend people against discrimination based on their religious beliefs. However, its real aim was to mount a political counterattack against the successful marriage equality campaign.
Its main function was to arm right-wing bosses with an enhanced 鈥渟word鈥 to discriminate against workers and students in faith-based schools and other organisations.
The recent attempt by听Citipointe Christian College听in Brisbane to force parents to sign an enrolment form describing homosexuality and free gender expression as 鈥渟ins鈥, alongside bestiality, incest and paedophilia, shows just how much was at stake.
Scott Morrison also wanted a political 鈥渨edge鈥 to trap Labor in the context of plummeting support for him and the Coalition.
His plan backfired when the Senate decided not to debate the amended bill, which five Liberals crossed the floor to support. Morrison withdrew the bill after the Australian Christian Lobby (ACL) announced it was no longer fit for purpose. ACL 听the amended bill had been 鈥渃ompletely undermined鈥 as the right to discriminate against trans students had been removed.
The Labor Party is claiming responsibility for putting the bill onto the back burner. It claims its tactic of speaking against the bill and moving amendments worked.
Given that Opposition leader Anthony Albanese had promised, in advance, that Labor would vote听for听the bill even if its amendments didn鈥檛 get up, this claim does not stack up. It was independent MP Rebekha Sharkie鈥檚 amendment to abolish the right of religious schools to discriminate against gay and transgender students that received support.
The Public Interest Advocacy Centre (PIAC), the Greens, the听听and the LGBTIQ community, among others, mounted a last-ditch campaign calling on Labor to reject the bill. The Uniting Church, the NSW Buddhist Council and the Australian Federation of Disability Associations called for the same.
Jonathan Hunyor of PIAC听听as 鈥渧andalism of our federal discrimination framework鈥. He said the 鈥渟tatements of belief鈥 provisions would have meant 鈥渨omen, LGBTI people, people with disability, single parents and even people of minority faiths [would] be exposed to derogatory comments as they go about their daily lives, in workplaces, in education, in health care, in public transport, in shops, cafes and restaurants鈥.
The question remains: why is Labor giving any support to religious discrimination?
Labor apologists argue that the party could not risk losing support from 鈥渇aith communities鈥 who support a religious discrimination bill. But supporting a religious discrimination bill completely ignores the reactionary context in which this bill was proposed and developed. Accommodating this conservative pressure can only strengthen the political right.
Large majorities had already opposed the key elements of the bill.听The Guardian听 on February 3听that 77% of voters oppose the 鈥渟tatements of belief鈥 clause and 64% said it should be against the law for religious schools to expel gay and trans students. Similar numbers opposed the ability of schools to sack gay and trans teachers.
This reservoir of support for LGBTIQ students and teachers is an important legacy of the marriage equality campaign, which was actively waged for more than a decade. It decisively shifted public opinion in favour of LGBTIQ rights.
This is the reason Liberal MPs decided to cross the floor, not Labor鈥檚 parliamentary games. Indeed, Labor refused to support Sharkie鈥檚 amendment to remove the right of religious organisations to discriminate against staff and students in schools. Three moderate Liberals 鈥渃ame over for the repeal of the whole of section 38 [of the Sex Discrimination Act], to protect teachers and students, but that failed because Labor didn鈥檛 support it,鈥 Sharkie听told the听. Labor only supported removing section 38 (3), which applies to students, not staff.
Further, shadow home affairs minister Kristina Keneally said听听if it wins government this year. On听Insiders听on February 13, she refused to rule out allowing schools to sack gay and trans staff.
Labor has a long record of capitulating to Coalition wedge tactics, including on refugee rights (2001), same-sex marriage rights (2004), the Northern Territory 鈥淚ntervention鈥 (2007) and Morrison鈥檚 tax cuts for the rich (2016), to name just a few examples.
This record makes it difficult to accept Labor鈥檚 line that its support for the Religious Discrimination Bill was, primarily, about tactics.
Progressive politics is about building support for progressive ideas, not parliamentary manoeuvres that give political space to conservatives and reactionaries to compromise hard-won rights.
[Alex Bainbridge and Rachel Evans are active in the LGBTIQ rights movement and are members of the National Executive. Evans is running for Socialist Alliance in the NSW Senate.]