The government is considering changes that may weaken the state’s anti-discrimination laws, as Australia edges closer to a national plebiscite on same sex marriage if the Coalition is re-elected.
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The Australian Christian Lobby has been pressuring the government to change the laws, after the Anti-Discrimination Commission last year found Archbishop Julian Porteous had a case to answer over a “Don’t mess with Marriage” brochure distributed throughout the church’s community in Tasmania.
The case, brought by transgender rights activist Martine Delaney, has since been dropped, but the church fears similar actions will take place during debate in the lead up to the national vote.
Premier Will Hodgman told a budget estimates hearing on Monday the government was considering changes so that people on both sides of the debate could express their views.
“We want people on both sides of the debate to have the right to have that opinion,” he said.
“We are considering possible changes that will allow people to speak freely but appropriately and in a way that is respectful to the debate.”
He said the government felt it was appropriate after the case against the church.
Tasmanian Gay and Lesbian Rights Group spokeswoman Jen Van-Achteren said the act provided protection from hateful and offensive conduct.
"Recent statements from the ACL linking marriage equality to the rise of the Nazis shows how hateful a plebiscite will be,” she said.
"Should there be a plebiscite, LGBTI people will need stronger protections from hatred, not weaker ones.”
ACL managing director Lyle Shelton said there should be freedom to “disagree respectively without being taken to the Anti-Discrimination Commission”.
“This is a sensible reform – people of goodwill understand the threshold in anti-discrimination law, not just in Tasmania, is too low to facilitate freedom of speech,” Mr Shelton said.
“When ordinary people see an Archbishop hauled before the Anti-Discrimination Commission that has a chilling effect on free speech.”
Greens leader Cassy O’Connor urged Mr Hodgman to take a “slow and measured approach”.
“This must include full public consultation on an exposure draft of the laws, not just discussions with lobby groups,” she said.
Archbishop Porteous said he welcomed the Premier’s statements.
“There is never any excuse for unjust discrimination of others, just as there should not be any law that prevents a person’s ability to express their views and beliefs in a respectful manner – even if those beliefs inadvertently offends others,” he said.
“Freedom of speech is one of the cornerstones of our democratic system and must be protected for the sake of every Australian.
“Someone feeling offended is never a good enough reason to suppress this fundamental freedom.”