The Rationalist Society of Australia has called on the West Australian government to show leadership and remove broad-based exemptions for religious bodies and religious schools to the state’s equal opportunity laws.

In a letter to the state’s Attorney General, John Quigley, last week, the RSA urged the government to prioritise addressing the exemptions that allow religious schools to discriminate against LGBTIQA+ staff and students.

The broad exemptions contained in the Equal Opportunity Act 1984 (WA) also allow discrimination for a range of other reasons, including marital and relationship status and pregnancy status, for religious bodies and schools to “avoid injury to the religious susceptibilities of adherents”.

RSA Executive Director Si Gladman told Mr Quigley that the Cook government should lead on the issue at state level after the Albanese government abandoned its commitment to address it federally.

“…the Cook government now has an opportunity to show leadership and do what is right for LGBTIQA+ West Australians, and for others who are harmed by the religious exemptions,” he said.

Earlier this year, when the Albanese government was still considering how to proceed with removing religious exemptions from federal anti-discrimination laws, Mr Quigley told West Australian media that he did not want to “upset the applecart” by going ahead with reforms at the state level.

In 2022, the RSA welcomed Mr Quigley’s commitment to strengthen equal opportunity protections in response to the Law Reform Commission of Western Australia’s (LRCWA) final report for its review of the Equal Opportunity Act 1984 (WA).

The LRCWA’s report also recommended a strengthening of protections for non-religious people by including a clearer statement that discrimination on the basis of absence of religious belief, conviction or activity was prohibited.

“It is also important that any amendments to the Equal Opportunity Act make it clear that discrimination on the basis of absence of religious belief, conviction or activity is prohibited,” Mr Gladman told Mr Quigley last week.

In a submission in 2021, the RSA asked the LRCWA to recommend a narrowing of the broad religious exemptions and, also, a strengthening of protections for non-religious people.

Meanwhile, the South Australian Attorney-General, Kyam Maher, has sought to assure the RSA that the Malinauskas government is still considering addressing the religious exemptions to that state’s anti-discrimination laws.

In August, the RSA urged Mr Maher to support efforts – inducing a proposal by Robert Simms MLC – to address the issue.

“Please be assured that the Government will carefully consider the potential effects of the proposed changes before forming a position and voting on the Bill of the Hon Robert Simms MLC,” Mr Maher wrote in a letter to the RSA on 12 September.

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Si Gladman is the Executive Director of the Rationalist Society of Australia. You can contact him at sigladman@rationalist.com.au or follow him on Twitter at @si_gladman

Photo: John Quigley (Facebook)

Letter to Attorney-General Quigley, 19 September 2024

Dear Attorney-General Quigley,

I’m writing on behalf of the Rationalist Society of Australia (RSA) to urge the West Australian government to take action on the outstanding issue of religious exemptions in the state’s equal opportunity laws.

In 2022, we welcomed your commitment to strengthen equal opportunity protections for LGBTIQA+ staff and students in religious schools in response to the Law Reform Commission of Western Australia’s (LRCWA) final report for its review of the Equal Opportunity Act 1984 (WA).

We note that, earlier this year, you said the reform of the Equal Opportunity Act would have to wait until after the 2025 state election, as you did not want to “upset the applecart” while the federal government also considered removal of religious exemptions in federal anti-discrimination laws.

As the Albanese government has since abandoned its commitment on this matter, the Cook government now has an opportunity to show leadership and do what is right for LGBTIQA+ West Australians, and for others who are harmed by the religious exemptions.

As we said in our 2021 submission to the LRCWA, the religious exemptions provided to religious bodies and religious schools in sections 72 and 73 of the Act are overly broad and harm the fundamental rights and freedoms of all kinds of people. They allow discrimination for many reasons – including having sex outside of marriage, getting divorced, being in a de facto relationship, being pregnant, having an abortion, or having an affair – in order for religious bodies and schools to  “avoid injury to the religious susceptibilities of adherents” of their religion. We agree with your colleague David Kelly MP that, in 21st-century Australia, “religious belief should never be a blank cheque to hurt others”.

Will you now prioritise removing these broad religious exemptions from the state’s equal opportunity laws?

It is also important that any amendments to the Equal Opportunity Act make it clear that discrimination on the basis of absence of religious belief, conviction or activity is prohibited.

We welcome the LRCWA’s recommendation (no. 51) for the definition of ‘religious conviction’ to include “not having a religious conviction, belief, opinion or affiliation” and “not engaging in religious activity”. Members of Western Australia’s non-religious community – a community which is growing rapidly, according to the national Census – deserve to be treated on an equal footing with those who hold religious beliefs.

Will you support the strengthened protections for non-religious people – as per the LRCWA’s proposed definition of ‘religious conviction’?

Yours sincerely,

Si Gladman

Executive Director,

Rationalist Society of Australia