ACT Chief Minister Andrew Barr has urged his federal Labor colleagues to oppose the religious discrimination bill in its current form, saying it would be "problematic" if Anthony Albanese's team waved through the changes while the government's own backbenchers were crossing the floor to vote against it.
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Mr Barr says federal Labor should consider adopting the ACT government's position on the bill, which includes scrapping the contentious statement of belief clause.
Mr Barr, the first openly gay leader of an Australian government, made the comments on Wednesday morning as shadow cabinet meets to firm up Labor's position.
Labor caucus will then meet to sign off on the party's position.
The fate of Prime Minister Scott Morrison's signature bill to shield people of faith from discrimination is set to hinge on the opposition's stance.
The Coalition party room endorsed the bill following marathon meetings on Tuesday, but at least one backbencher, Bridget Archer, has declared her opposition and another, Trent Zimmerman, has reserved his right to cross the floor.
Labor has offered conditional support to the bill and Mr Albanese and senior frontbenchers have repeatedly said they are supportive of laws which protect people from being discriminated against on the basis of their faith.
But there is significant concern within Labor that the government's bill goes too far.
Labor MP Stephen Jones gave an emotional speech on the floor of the House of Representatives on Tuesday night, and said the bill should not be rushed through.
He paid tribute in the speech to his 15-year-old nephew Ollie, who took his own life earlier this year.
"He was gay, he was uncertain about his gender ... but now he's gone and we're no longer able to love and support him on his journey through life," he said.
"It's about all of our kids, about the families of those kids, every child who's had the courage to swim against the tide, just to be who they are."
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Among the government's package of changes will be amendments to the Sex Discrimination Act to protect gay students from being expelled from faith-based schools.
But the protections won't immediately extend to transgender students amid concerns about implications for same-sex religious schools.
Asked on ABC's RN Breakfast if he was comfortable with that position, Mr Barr said: "No, I think there's need for significant amendments to the package of bills that have been presented".
Mr Barr expressed concerns that the bill, through the statement of belief clause, would override the ACT's human rights legislation. Ms Archer has raised similar concerns about an override of Tasmania's anti-discrimination regime.
The ACT Chief Minister believed the Coalition's main intention was to wedge Labor, as he lamented how polarised and lacking in nuance the religious discrimination had become.
But he warned that Labor would have to explain itself if it waved through the bill without amendments.
"If they wave it through without amendment and Liberal members are crossing the floor against their own government's bill, and Labor votes for it, that is problematic," he said.
"It would need quite a detailed explanation as to why it should be supported unamended."
With AAP
More to come