The Commonwealth Government has released a second version of its draft legislation dealing with religious discrimination issues, for further comment before it is formally introduced into the Federal Parliament in the New Year. There are a number of important changes from the previous drafts which in my view make it a much better package of amendments. But there are areas for improvement.
I presented a paper at a continuing legal education seminar entitled “Freedom of Religion vs Freedom of Expression: Critical Legal Issues”. A copy can be downloaded here. And yes, it mentions issues raised by the case of Mr Israel Folau!
Two cases have been highlight overseas recently where a Christian employee has been fired for declining to use the “preferred pronoun” of a person who identifies as a different gender to their biological sex. The cases illustrate that religious freedom, and free speech generally, in the workplace can be under challenge in circumstances involving “gender identity” issues. It is not clear how such cases would be resolved in Australia.
“Freedom for Faith” has released its submission to the Commonwealth Government on its Exposure Draft Religious Discrimination Bill. It can be downloaded here. I recommend it as an excellent overview of the Bill, with a good summary of its good points and some areas where it could be improved. I have provided some previous comments on the Bill here and here. Public submissions are still being received here until October 2.