Sex Discrimination Amendment Bill 2013 – The Final Countdown

There are now only two sitting weeks left before the upcoming federal election. Which means there are only 8 days during which Parliament can pass the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, historic legislation which would finally provide federal anti-discrimination protections to Australia’s lesbian, gay, bisexual, transgender and intersex community.

It goes without saying that this could go down to the wire. Which is why I sent the email posted below to all cross-bench MPs, as well as key figures in the Opposition and Greens (and a slightly re-worded version to the Government). I don’t think that we, as members of the LGBTI community, should ‘die wondering’ about this Bill. So, I would encourage you to consider sending you own emails to these parliamentarians, to help get the Sex Discrimination Amendment Bill 2013 over the line.

To help you on your way, I have included the email addresses of a range of relevant MPs at the end of this post. And please feel free to ‘borrow’ any and all of the following:

I am writing to you regarding the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.

In particular, I am requesting that you:

  • Please support the Government’s proposed amendments which exclude the operation of religious exceptions in the area of aged care service provision; and
  • Please support the passage of the amended Sex Discrimination Amendment Bill 2013 in the final two sitting weeks of this Parliamentary term.

This Bill is a significant reform that will benefit the lesbian, gay, bisexual, transgender and intersex (LGBTI) citizens of Australia, because, if passed, it will be the first term LGBTI people will enjoy anti-discrimination protections under federal law.

It is historic because it will be the first time any federal anti-discrimination law, anywhere in the world, explicitly covers intersex people. And the Sex Discrimination Amendment Bill 2013 will also help to protect more people than some state and territory schemes – for example, the NSW Anti-Discrimination Act 1977 does not currently apply to bisexual or intersex people, both groups that are protected under this proposed law.

Unfortunately, the Bill as drafted will ensure that religious organisations are provided with wide-ranging exceptions from otherwise lawful obligations not to discriminate against lesbian, gay, bisexual and transgender people. This will allow religious organisations to continue to discriminate on the basis of sexual orientation and gender identity in employment and service provision, which will operate to undermine the scope and effectiveness of these anti-discrimination provisions. In principle, I do not support the operation of any religious exceptions outside the appointment of religious officials, membership of religious organisations and celebration of religious ceremonies.

However, I understand that LGBTI anti-discrimination legislation which did not contain any religious exceptions would be unlikely to pass the current Parliament. What is possible is for the Sex Discrimination Amendment Bill 2013 to be passed with amendments proposed by the Government that exclude the operation of religious exceptions in the area of aged care provision.

I strongly support the removal of religious exceptions in these circumstances. Older lesbian, gay, bisexual and transgender people should not be subjected to discrimination on the basis of sexual orientation or gender identity when they are accessing aged care services. This is particularly important when you consider that for many people, aged care facilities will be their home for long periods of their life – nobody deserves to be lawfully discriminated against in their home.

Above all, I see this as the very least which should be done for older lesbian, gay, bisexual and transgender Australians. These are people who grew up when homosexuality was still a criminal offence, who had to fight simply for the right to be who they are, who lost partners and friends through the devastation caused by HIV/AIDS, particularly in the 1980s and 1990s. These are people who deserve our respect, not the operation of provisions which could force them back into ‘the closet’ because of the fear of being discriminated against.

It is my sincere hope that all Parliamentarians will vote in favour of the Government’s amendments to exclude the operation of religious exceptions in the area of aged care services.

It is also my sincere hope that all Parliamentarians will unite and work together to ensure that the Sex Discrimination Amendment Bill 2013 is passed, as amended, in the final two sitting weeks of this Parliamentary term.

With Parliament rising on 27 June, there is only limited time to ensure this legislation is passed. Please help ensure that the Bill receives sufficient priority, through both Chambers, that it will finally be made law before the upcoming federal election.

I believe that the lesbian, gay, bisexual, transgender and intersex citizens of Australia, like myself, have waited long enough to be protected under federal anti-discrimination laws. I hope that you agree.

Attorney-General, The Hon Mark Dreyfus QC MP Mark.Dreyfus.MP@aph.gov.au

Mental Health and Ageing Minister, The Hon Mark Butler MP Mark.Butler.MP@aph.gov.au

Leader of the Opposition, the Hon Tony Abbott MP Tony.Abbott.MP@aph.gov.au

Shadow Attorney-General, Senator George Brandis senator.brandis@aph.gov.au

Greens Spokesperson for Attorney-General, Senator Penny Wright senator.wright@aph.gov.au

Greens Spokesperson for LGBTI issues, Senator Sarah Hanson-Young senator.hanson-young@aph.gov.au

Member for Kennedy, the Hon Bob Katter MP Bob.Katter.MP@aph.gov.au

Member for Fisher, the Hon Peter Slipper MP Peter.Slipper@aph.gov.au

Member for Dobell, Mr Craig Thomson MP Craig.Thomson.MP@aph.gov.au

Member for Lyne, Mr Rob Oakeshott MP Robert.Oakeshott.MP@aph.gov.au

Member for New England, Mr Tony Windsor MP Tony.Windsor.MP@aph.gov.au

Member for Denison, Mr Andrew Wilkie MP Andrew.Wilkie.MP@aph.gov.au

Member for O’Connor, Mr Tony Crook MP Tony.Crook.MP@aph.gov.au

Member for Melbourne, Mr Adam Bandt MP Adam.Bandt.MP@aph.gov.au

Senator for South Australia, Senator Nick Xenophon senator.xenophon@aph.gov.au

Senator for Victoria, Senator John Madigan senator.madigan@aph.gov.au

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