LGBT Activists Oppose NSW Religious Vilification Bill: ‘Full Equality, No Exceptions’

Queer activist groups and human rights organisations have come out in opposition to the proposed NSW religious vilification bill, citing its failure to adequately protect LGBTQI communities. 

The bill was introduced in late June by the NSW Labor Government in order to amend the NSW Anti-Discrimination Act 1977.

The bill amends the Anti-Discrimination Act to make it “unlawful to, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons, because of their religious belief, affiliation or activity.”

‘Not Fair That Religious Belief Gains More Protections’

On August 1, the Bill will be moved forward in the NSW Parliament.

In response to this news, Queer activist groups and human rights organisations have reiterated their opposition to the Bill.

In a statement, President of NSW Council for Civil Liberties (NSWCCL) Josh Pallas called on the Bill to either “address all discrimination now” or be withdrawn until the review of the Anti-Discrimination Act by the NSW Law Reform Commission is complete. 

“It’s not fair that religious belief gains more protections when religious organisations will still be exempt from parts of the Act and be allowed to discriminate against others,” Pallas said.

“We want an Anti-Discrimination Act that does not discriminate. To move on one part, without moving on other glaring deficiencies sends a bad message to the community about whose rights and interests are privileged over others.”

Pallas continued,  “Others within the community, trans people, people with intersex variations and sex workers receive inadequate protections under NSW anti-discrimination law. Where is their protection? Why should religious organisations receive protection before them?”

‘Equality Should Never Come With Exceptions’

Queer activist group, Pride in Protest, voiced their opposition in an open letter, calling on the proposed Bill to be voted down. 

The letter explained that the Bill, in its current form, does “not address the urgent issue of ending religious exceptions to anti-discrimination laws that entrench our insecurity at work and school.”

They continued, “We believe that equality should never come with exceptions.”

“We are calling for a united campaign around the upcoming bills in NSW Parliament. This means voting down the Religious Vilification Amendment in full.”

‘A Signal Of Support For The Religious Right’

In a statement, Queer activist group Community Action for Rainbow Rights (CARR), argued that the “broad and sweeping definitions” could give protection “to institutions like the Catholic Church for conversion therapies, bigoted speech and discrimination in schools and hospitals.”

According to April Holcombe, co-convener of CARR, “The NSW vilification bill is a signal of support for the religious right, at a time when LGBT+ rights and trans rights, in particular, are under serious attack.”

Holcombe added, “This bill can potentially allow businesses, schools, hospitals, aged care facilities and accommodation providers to discriminate against anyone on the basis of their religious belief. Criticising this could constitute ‘vilification’ under the bill’s vague wording.”

CARR has organised a protest against the Bill for August 5 at Town Hall Square.

“If we don’t organise to stop them, the people in government will continue on a crusade to keep discriminating, demonising, denying our rights and existence,” Holcombe said. 

Leong: What Message Does This Send?

Member for Newtown and Greens NSW Spokesperson for Anti-Discrimination Jenny Leong has called for “prioritising holistic reforms, not putting religious protections first.”

In a response to Star Observer, Leong said, “The big question for the NSW Labor Government is why are they prioritising religious protections above and beyond all other vilification that is happening in our communities.  

“We know that the Law Reform Commission is about to undertake a comprehensive review of the Anti-Discrimination Act – we should be prioritising holistic reforms, not putting religious protections first.

“At a time when there has been a disturbing increase in anti-trans and anti-LGBTQIA+ aggression online and on the streets, what message does this send to the LGBTQIA+ community?

According to Leong, in order to address this, “the Greens will be moving amendments to address concerns, ensure that only lawful religious activity is protected, and that it is only individuals – not corporations – that would be captured by this bill.  

 “We will continue to work with advocates and the community to overhaul the Anti-Discrimination Act and ensure comprehensive protections for the LGBTQIA+ community and sex workers and to remove all exemptions that allow religious organisations and small businesses to discriminate.”

The NSW Premier’s office has been contacted for comment, which we will include when received. 

An Election Promise

On June 28, the NSW Labor government introduced a bill to ban vilification on the grounds of religious belief or affiliation. 

In a statement at the time, NSW Attorney General Michael Daley said, “We committed, as an election promise, to introduce legislation making religious vilification unlawful within our first 100 days in office. We are here to make good on our promises and get things done by making this change to the Anti-Discrimination Act.”