Retiring Liberal Senator Sue Boyce plans to cross the floor in support of a bill that would make it illegal for faith-based aged care providers to discriminate against people on the basis of their sexuality.
While religious organisations are exempted from many areas of discrimination law, Labor wants to remove this exemption for aged care services.
UnitingCare strongly backs the change.
"Society expects the delivery of culturally appropriate aged care services to older Australians and should expect nothing less than appropriately responsive aged care services to older LGBTI [Lesbian, gay, bisexual, transgender and intersex] Australians. Religious groups should be no exception to the delivery of non-discriminatory aged care services in the community."
Senator George Brandis said the Coalition supported a prohibition of discrimination on the basis of sexuality; however it would oppose the removal of the exemption for religious organisations.
"The right of people to fair treatment, a precious value, must take its place alongside other precious values, and one of those precious values is freedom of religion," he said.
Mission Australia agreed: "We do not consider such an exemption should apply to the provision of goods and services such as residential aged care."
However Senator Boyce does not believe it is reasonable for federally funded aged care providers to deny services to people because of their sexuality.
"I do not think that the religious organisations can have it both ways,” she said. “They cannot say, 'We don't discriminate' or 'We respect the individual' and at the same time say, 'But we don't want any legislation that affects the way we treat people'."
Human Rights Law Centre spokesperson Anna Brown said that in many areas of the country, especially in regional Australia, choosing an aged care provider is not an option.
"Nationally, 33 per cent of aged care providers are religiously run. In some geographical areas this can equate to between 70 to 100 per cent of available places in their area. It's pure fiction to argue that people have a choice."
