The ability of religious educational bodies to lawfully discriminate on the grounds of sexuality rose to public prominence when sections from the report of the Religious Freedom Review were disclosed in the media. The headlines singled out the possibility of “gay kids” being expelled. The legislation in question deals with discrimination in general terms, rather than specific actions, such as expulsion, and covers attributes including sexual orientation, gender identity (as distinct from sex) and intersex status. Thus, the ability to legally ‘expel’ a child for being ‘gay’ is one small example of a broader right to discriminate on the grounds of sexuality, gender identity and intersex status.
Media leaks brought the public’s attention to ‘exemptions’ for religious bodies found in federal discrimination law (in this case the Sex Discrimination Act), and which are also available in most states and territories. In the immediate aftermath of the leaks both the government and Opposition committed to repealing exemptions that would permit religious schools to ‘expel’ or turn away “gay students”.
During the last sitting of Parliament in 2018, the Greens and Labor Parties introduced legislation to remove the ability to discriminate; while the government also tabled a bill. Labor’s Bill can be viewed here. The government’s Bill can be viewed here.