2022-02-27
What Labor’s 5D chess move on the Religious Discrimination Bill cost the LGBTQIA+ Community
By Alex Wallace (they/them), Co-Convenor of The Greens (WA) Pride Working Group, and a proud Non-binary, Bisexual activist. They are also Co-Lead Organiser for Swan and ECC Co-Convenor.
Earlier this month, the Liberal/National Government brought its suite of legislation related to the Religious Discrimination Bill to the House of Representatives. The discourse around this legislation, the debate and media attention was significant. Wedging, 5D Chess and political gaming have been terms thrown around during this debate. This article will discuss the events of early February and the reaction of the LGBTQIA+ community, broken down into three main sections: The Make Up of the Legislation, The Events of House and Senate on the Legislation and The Effects on the LGBTQIA+ Community.
The Make Up of the Legislation
To talk about the Bill, we first need to understand what it was made up of, set the board that this chess match will be played on so to speak. Many from all sides of politics have misunderstood this to be a single Bill, but it was in fact three; The Religious Discrimination Bill, The Religious Discrimination (Consequential Amendments) Bill and the Human Rights Legislation Amendment Bill (which has also been referred to as the Sex Discrimination Act in various pieces of commentary). The Religious Discrimination Bill was where the issues for many came from. This was the Bill that would allow for the Statement of Belief section, that would make it lawful for people to say horrible and discriminatory things to others, if it was a genuinely held belief. It would also allow for Religious Organisations to do discriminatory things in line with their faith, such as sacking Trans or Gender-Diverse staff or telling a disabled person their disability is a test from God. This was, for the most part, the Legislation many people and organisations disliked.
The second part of this legislation was the Religious Discrimination (Consequential Amendments) Bill. Just additional to the first, nothing major. Finally the Human Rights Legislation Amendment Bill (or Sex Discrimination Act). This piece came out of the Human Rights Committee, and the Government-proposed protection from expulsions for students on the basis of their sexuality only. The Chess board is now set for play, and an Independent will make the first move.
The Events of the House and the Senate on Legislation
Andrew Wilkie, the Member for Clark, made the first move in an amendment that would kill the Religious Discrimination Bill. This amendment was disagreed to, with support of Labor, The Coalition (minus Bridget Archer), Bob Katter and Craig Kelly. This was disappointing, but expected given no amendments to the actual Bill were aimed for. The next move came from The Australian Greens and Adam Bandt, and it was to simply scrap the entire Statement of Belief section. This amendment was disagreed to by Labor, The Coalition, Katter and Kelly. Labor then moved three different sets of amendments, where not a single one was agreed to, as there were not enough Coalition members crossing the floor. The Bill was then to be agreed to, without amendment, which had the support of Labor, The Coalition (minus Bridget Archer), Katter and Kelly. To be clear, Labor did not have to vote in support of the Bill here. They have said many times themselves that they did not have the numbers to block it. So why vote with it at all? Why not be in solidarity with the communities who called for your support? A question for later. Next was the Religious Discrimination (Consequential Amendments) Bill. This passed on voices.
Finally, and where the confusing motions of chess and claims of winning come from, is the Human Rights Legislation Amendment Bill (or Sex Discrimination Act). This Bill was the “protect gay kids only” Bill that the coalition had suggested as a path forward. The first motion for amendment to this Bill came from Rebekah Sharkie of Centre Alliance. Her motion was to protect Trans and Gender-Diverse teachers and students. This vote was crucial. Coalition MPs Archer, Trent Zimmerman and Fiona Martin all crossed the floor to join Sharkie, the three Independents and Bandt. However, Labor joined the Coalition to vote this amendment down. If Labor had joined the crossbench and those crossing the floor, they could have helped protect Trans and Gender-Diverse teachers, but they decided not to. More on that later. Sharkie then moved an amendment to just protect Trans students, as well as gay students. This had the support of Labor, the above-mentioned crossbenchers and dissenting MPs, as well as Dave Sharma and Katie Allen. This had the support to be passed alongside the protections for gay students, and so the Government lost a vote on the floor of the House, a significant loss to a sitting Government.
To be clear, three pieces of legislation passed the House of Representatives that night: the unamended Religious Discrimination Bill with Labor and Coalition support, the unamended Religious Discrimination (Consequential Amendments) Bill with Labor and Coalition Support and the Human Rights Legislation Amendment Bill, as amended by Sharkie with support of Labor, the crossbench and five dissenting MPs. For the record, Bandt and Labor had similar amendments to Sharkie’s final amendment, which they withdrew after hers passed. The chess board would now switch out its green lining, for the red lining of the Senate.
When legislation comes to the Senate in a sitting period, it must do so before a certain time, otherwise the Senate will not agree to see it in that sitting period. However, the Government can seek an exemption to this rule from the Senate. This is what was put forward by the Government in the Senate the next morning. What happened next can only be described as an incompetent disgrace from our elected members. When the Senate President asked if the Senate would allow for an exemption to the Religious Discrimination Bill package of legislation, only The Australian Greens spoke out, and they said no. Let me be clear, no one said yes. Not the Government. Not Labor. It therefore, on voices, did not pass. What followed was confused Senators from both Labor and the Coalition totally confused about what had just transpired. The reason the Bills died in the Senate that day was because The Australian Greens were paying attention. The ACL pulling its support for the Bills, and the Government subsequently shelving it happened later. The chess board was tossed aside.
The Effects on the LGBTQIA+ Community
The Coalition has never been a friend to the LGBTQIA+ community ‒ this much has always been known. Whether it’s banning same-sex marriage in the first place, putting us through a Marriage Equality debate and survey, or MPs drafting transphobic bills in the name of sport, we know the Coalition is not for us. We recognise the efforts of dissenting MPs on that night, but ultimately, they sit with a party which has a deep dislike for our community. However, two core things happened during this debate from Labor. Labor voted for a deeply discriminatory Bill that they never needed to, and they abandoned Trans and Gender-Diverse Teachers, when they are supposedly the party of the workers. What I saw during that week was a condensed four months of hate, pain, and fear that we felt during the Marriage Law Postal Survey, condensed into a few days. And when we need solidarity and support, the Labor Party abandoned us for cheap political games and scoring a few points. Gone are the days of values in the Labor party: they sold out the LGBTQIA+ community for the votes of the religious right, and I watched that pain hurt in real time. Actions mean things, they lead to consequences.
I have no doubt in my mind that if this Bill had passed, a Bill that Labor is on the record as supporting, more hate crimes would have come of this, just as race-based hate crimes rose following the Brexit vote. Labor chose to side with hate, against calls from LGBTQIA+ people and organisations, religious bodies, minority groups, various Unions, 100s of constituent contacts to each MP and even 70%+ of the broader public. And to what end? It’s not like gas where they get money from Woodside. What did Labor achieve here apart from further entrenching hurt, pain and discrimination? I can’t answer that. In an election that is shaping up to be a fight on Trans and Gender-Diverse issues, I’m glad we have brilliant folks in our Greens team fighting for our rights.
Header photo credit: Snowmanradio at English Wikipedia Creative Commons
[Opinions expressed are those of the author and not official policy of Greens WA]