After a marathon 10-hour debate, the Morrison government’s contentious religious discrimination bill has passed the lower house.
In a huge blow to the government, five Liberal MPs crossed the floor to support amendments, including better protections for transgender students.
Under the government’s proposal, religious schools would be banned from expelling a child for being gay, but transgender students would not be protected.
Centre Alliance MP Rebekha Sharkie and shadow attorney-general Mark Dreyfus moved identical amendments to protect transgender students.
Liberal MPs Katie Allen, Bridget Archer, Fiona Martin, Dave Sharma and Trent Zimmerman voted for the changes.
The vote was won 65 votes to 59 just before 5am.
Mr Zimmerman – who is gay – gave an impassioned speech durxjmtzywing the debate, saying he needed to “part with his party” because he could not live with himself if he did not stand up.
“This has been one of the most difficult weeks of my time in parliament,” he said.
“I cannot support a situation where we solve a problem for one community but in fact enhance a problem for another (transgender students).
“If we solve one problem and not another, by omission we are sending a message to those people in the transgender community.”
A proposed amendment to scrap the statements of belief clause – which protects religious statements even if they offend, insult or humiliate others – was narrowly defeated after the Speaker, Andrew Wallace, was forced to cast a deciding vote.
Prime Minister Scott Morrison called for the bill to pass in a speech at 12.50am, arguing it was necessary.
He told parliament he “earnestly hoped (the bill) would unite this place”.
The Prime Minister voiced his desire for bipartisan support, while thanking MPs for “their commitment to the children we are raising in this country, and the best interests of their welfare”.
Mr Morrison argued there would be a time and place to consider transgender students after the Australian Law Reform Commission review in six months.
Opposition leader Anthony Albanese said Labor would not tolerate any discrimination based on a child’s gender identity.
“We support the removal or the extension of any discrimination legislation to cover discrimination on the basis of religion or faith, but we don’t believe that should be at a cost of increasing discrimination against other groups,” Mr Albanese said at an early Thursday morning press conference.
“We were concerned about the impact against students who may be struggling with their gender identity or who have sexual orientation which they are coming to terms with.
“Labor believes very clearly that we need to respect every child for who they are.”
Mr Albanese said it was extraordinary the government had ended up voting against one of their own bills.
“The Prime Minister tried to wedge Labor and ended up wedging himself,” Mr Albanese said.
“In 2018 … he said he would protect students. He wrote to me in December and said there’s no place in our education system for any form of discrimination against a student on the basis of their sexuality or gender identity.
“Had the legislation passed without this significant amendment, against the government’s wishes, it wouldn’t have fulfilled this commitment.”
Mr Albanese said Labor wanted to see further amendments being made to the legislation, including better protections for Muslim women wearing a hijab, and older people receiving home care.
“Labor will continue to argue for additional amendments in the Senate if the legislation gets there,” Mr Albanese said.
“We will be pursuing amendments further in the Senate. We await to see what the government does now,” he said.
Labor frontbencher Stephen Jones earlier this week gave an emotional speech calling for protection of LGBTIQ+ students after the suicide of his nephew and outlined his concerns about his child.
On Thursday morning, Mr Jones thanked his son Patty for his bravery and said he looked forward to making the bill as good as it could be.
“The law is not the answer to everything, but if the law sent a powerful message that this is not right and in Australia you do have the freedom to exercise and practice your faith, then that will change behaviour,” Mr Jones told ABC News.
“Labor always supported strengthening the protections for people of faith, but we didn’t want that to happen at the expense of another group of Australians – particularly young, gay Australians who are struggling with their identity. That was the thing I was most worried about.
Liberal minister Jane Hume said her party was “absolutely certain that at the end of the day when the bill passes both houses, that we’ll land on the right decision”.
“Balancing freedoms and rights of people with deeply held religious beliefs and their desire, particularly to send their children to a same-sex school, and making sure we protect the rights of children as well,” Senator Hume told ABC News.
Greens MP Adam Bandt said it was disappointing that no one from the major parties had voted to oppose the bill.
“Students are a bit better protected but now the Senate needs to block, not just amend, Scott Morrison’s hate bill,” Mr Bandt said.
The legislation will now go to the Senate, where Labor are hoping cross benchers and Greens senators will support additional amendments.
Tasmanian Senator Jacqui Lambie told the Nine Network on Thursday morning she would not be voting for it.
“We have a gold-plated legislation in Tasmania,” she said.
“I remind the Liberal and Labor Party that your people down there, your state people voted to put that in.
“For those people up here that are federal, I would remind you, you are to put Tasmanians first and foremost.
“(The division) has been absolutely disgusting.”
