What does the bill do?

The religious discrimination bill prohibits discrimination in certain areas of public life on the ground of religious belief or activity.

While the bill does not define protected religious “activity”, the explanatory notes confirm it has a broad meaning including religious observance, dress and expression of religious belief, especially where “adherents of that religious group are required, or encouraged, to evangelise”.

The bill prohibits both direct discrimination, treating another person less favourably based on religion, and indirect discrimination where an apparently neutral condition has the effect of disadvantaging people based on religion.

As expected, the bill also creates a religious freedom commissioner, who will promote religious freedom.

What does this do to state discrimination laws?

The bill protects expression of religious speech in good faith by stating that such speech does not constitute discrimination under commonwealth, state or territory anti-discrimination law and does not contravene subsection 17(1) of the Tasmanian Anti-Discrimination Act 1998.

That provision bans speech that “offends, insults or humiliates” people based on a range of grounds including gender, race, age, sexual orientation, disability and relationship status.

To the extent of inconsistency the federal law applies, so the new bill could provide greater protection to speech like: that gay people are going to hell, that disabled people are possessed, that pregnant unmarried women are sinners.

However, this provision does not protect statements that are “malicious, would harass, vilify or incite hatred or violence against a person or group or which advocate for the commission of a serious criminal offence”. Read more via Guardian