Submission on the ALRC Consultation Paper on Religious Educational Institutions and Discrimination Laws

Excerpt:

The Australian Law Reform Commission released a Consultation Paper for its current reference on “Religious Educational Institutions and Anti-Discrimination Laws” on 27 January 2023, and invited public submissions by 24 February 2023.

The paper, while formally acknowledging the importance of religious freedom and parental rights, is a serious disappointment to those involved in religious schools and colleges. It effectively recommends the removal of protections enjoyed by religious educational institutions which have been designed to safeguard the ability of these organisations to operate in accordance with their religious beliefs. The provisions protecting these bodies from being forced to conform to secular views on sexual behaviour and identity (and hence losing their distinctiveness as religious bodies) are to be removed. This is in a context where there is no protection offered for people of faith in a Religious Discrimination Act at the federal level. But the paper offers no convincing reasons for the wholesale demolition of a structure which has served the diversity and plurality of the Australian community for many years. Rather than supporting “Diversity, Equity and Inclusion”, the paper’s recommendations would require a compulsory uniformity which would undermine the reasons for the existence of faith-based educational institutions. This is all despite there being little if any evidence of students or staff
actually being wrongfully discriminated against on the basis of sexuality in faith based schools or colleges.

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