Can a School Reject a Student Based On Sexuality?

The PM has explained that this law already exists.

An independent report, commissioned by the Coalition government, is proposing the strengthening of existing laws to give religious schools the right to refuse entry to LGBTQIA+ students, according to Fairfax Media.

The report, which hasn't been released publicly but was apparently seen by Fairfax, argues that the Sex Discrimination Act should be amended to give religious schools the right to discriminate against students on the basis of their sexuality. 

When asked about the report, Prime Minister Scott Morrison explained that schools could already do this if they pleased.

"It's the existing law. We're not proposing to change that law, to take away that existing arrangement that exists," PM Morrison told reporters.

When asked by a reporter if he was comfortable with a school expelling a student "because they're gay or lesbian", he reiterated: "It's existing law."

But, rather than just take the PM's word for it, we decided to look into the complicated territory of Federal and State law and break it down for you.

So, what does the Federal law actually say?

The Federal law that the report (and probably PM Morrison) is referring to is the Sex Discrimination Act 1984, which, under Sections 37 and 38, essentially allows religious schools to discriminate against the "other person's sex, sexual orientation, gender identity, marital or relationship status or pregnancy" when it comes to employment.

However, to make it even more specific, religious schools are also allowed to discriminate "on the ground of the other person’s sexual orientation, gender identity, marital or relationship status or pregnancy in connection with the provision of education or training by an educational institution". That's a fancy way of saying 'students'.

But, what about my state?

There are two states that actually protect students against this sort of discrimination and that's Tasmania and Queensland.

Queensland also offers religious exemptions (Division 109) in their Anti-Discrimination Act 1991 but maintains that they do not apply in the workplace or education area. 

Tasmania is similar but takes it a step further (Division 51A) in their Anti-Discrimination Act 1998, stating that religious schools can only discriminate on the basis of religion alone (and not sexuality).

The remaining states and territories take a more typical approach in line with Federal law and so, sometimes ambiguously, allow for religious schools to decide what they want when it comes to discriminating against LGBTQIA+ students.

Does this sort of thing happen often?

It's hard to really know, but we assume for every story that's hit the media about sexuality discrimination, there's quite a few more that haven't been heard.

If you have a story you want to share with Student Edge about your school and their treatment of sexuality, send us an email at editor@studentedge.com.au.

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