Key Points
- LGBTIQ+ advocates are calling on the government to release its draft religious discrimination legislation.
- Labor has given the proposal to the Opposition but says it is keeping it from the public to avoid a culture war.
- James Elliot-Watson, who said he was discriminated against at school, said politicians should “do their job”.
LGBTIQ+ students are more likely to be discriminated against than supported by independent schools, according to Equality Australia’s national report into LGBTIQ+ discrimination in faith-based organisations.
The advocacy group is calling for blanket protections for LGBTIQ+ people across Australia.
The government has given draft religious discrimination legislation to the Opposition but has not released it to the public because it says it wants to avoid a divisive culture war.
Equality Australia chief executive Anna Brown said she would like to see a copy of the bill.
“We believe strongly that this is an issue that can unite the parliament, not divide it, and Australians, like they did during the marriage equality debate, can come together around the principles of fairness and equality,” she said.
In a review, the Australian Law Reform Commission recommended scrapping laws which allow religious schools to discriminate against staff on the basis of their faith.
James Elliot-Watson, who went to an independent Christian school, said he was discriminated against when he was blocked from student leadership positions because he was gay.
On bipartisanship, Elliot-Watson said politicians should “do their f—ing job”.
“It’s ridiculous that the prime minister wants bipartisan support when he’s in the chair,” he said.
“There are young vulnerable people in school right now who will see all this play out and they will feel the fear that I felt, and the shame that I felt, and they need to be protected from that.”
According to Equality Australia’s report, LGBTIQ+ discrimination is “endemic” in religious schools and organisations across the country.
It found almost one in 10 of Australia’s largest faith-based service providers publicly discriminate against LGBTIQ+ people, while almost four in 10 are silent about their positions on inclusion.
National Catholic Education Commission executive director Jacinta Collins rejected Equality Australia’s assertion that faith-based schools were seeking to discriminate against staff or students.
She said they were maintaining their religious identity and mission.
“If individuals do not support our ethos, they are able to choose another school for enrolment or employment,” Collins said.
“This is what a free, pluralistic society is about.”
Workplace Relations Minister Tony Burke said religious schools should be allowed to hire workers who reflect their faith, but not sack employees based on their gender identity or sexual orientation.
“Once you have employed somebody, then all the normal rights against discrimination should be held by that worker,” he told ABC radio on Monday.
“It goes to the firing issue. That would be an example of discrimination if it was done for a reason for one of those protected categories.”
Opposition legal affairs spokesperson Michaelia Cash said the government wanted to keep the process behind closed doors.
“The Albanese government needs to publish its religious discrimination legislation as soon as possible,” she said.
“Mr Albanese went to the election talking about transparency, but his government has failed to live up to his promises.”
LGBTIQ+ Australians seeking support with mental health can contact QLife on 1800 184 527 or visit . also has a list of support services.
Intersex Australians seeking support can visit Intersex Peer Support Australia at isupport.org.au.
