A Bill has been introduced in Victoria that proposes to remove the ability of religious schools to rely on the special exemption to discriminate against students based on their sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity.
Earlier this week Victorian Greens Whip Susan Pennicuik introduced a Private Member’s Bill, the Equal Opportunity Amendment (Equality for Students) Bill 2016 (the Bill) to amend the Equal Opportunity Act 2010 (Vic) to limit the application of the special exemption for religious organisations and institutions.
The proposed amendments seek to provide the same protection against discrimination for all school students regardless of their sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity or which school they attend.
The Bill will go to a second reading however whether or not this Bill will be passed is anyone’s guess. There have been a number of Bills introduced in various Australian jurisdictions over the years seeking to have the same special exemption for religious schools removed from discrimination and equal opportunity legislation. No Bills have been successful to date and it remains a controversial topic for discussion.
What is the exemption?
Because anti-discrimination law exists at both a Federal and State level the exemptions in each jurisdiction differ in wording but essentially provide the same exemption for religious schools to discriminate against students, and employees, based on characteristics or qualities that would go against the teachings and beliefs of the school.
Victoria’s current exemption at section 83 of the Equal Opportunity Act 2010 (Vic) for example provides that ‘Nothing in Part 4 (the part of the Act that prohibits certain types of discrimination) applies to anything done on the basis of a person’s religious belief or activity, sex, sexual orientation, lawful sexual activity, marital status, parental status or gender identity’…that conforms with the doctrines, beliefs or principles of the religion, or is reasonably necessary to avoid injury to the religious sensitivities of adherents of the religion.’
As mentioned, this is not the first Bill of its kind. School Governance has previously reported on the introduction of similar Bills both in Australia and the US. See US Catholic school changes anti-discrimination policy to allow LGBT employees: Is Australia next? and NSW Labor backs move to abolish independent school discrimination exemptions.
In that NSW example, Sydney MP Alex Greenwich introduced a similar Bill seeking to protect LGBT students from discrimination however it was not supported by the State Government of the day.
It can be said however, that if any State or Territory was to successfully pass a Bill to disallow religious schools relying on a special exemption to discriminate against students who do not conform to the school’s traditional values, it would likely be Victoria. The Victorian State Government came to power promising to make Victoria the “Education State” and since has successfully passed a number of laws and amendments to make its schools safer and more culturally diverse. Perhaps this latest Bill to amend the Equal Opportunity Act will be the next feather in the Andrews Government’s education cap.
Protecting LGBTI students
Irrespective of the future of the Bill, schools can show their support for students of all sexual orientation or gender identity by developing policies to improve diversity. Schools with gay, lesbian, bisexual, transgender, intersex and queer (‘LGBTIQ’) students may consider introducing a LGBTIQ policy which explains a school's approach to promoting inclusion for all members of the school community and the initiatives the school takes to ensure that LGBTIQ students feel safe and included at school.
Cara Novakovic is the Assistant Editor – School Governance. She can be contacted here.
