State Government proposes reform to prevent religious bodies from discriminating against LGBTIQ identity

A proposed law will make it illegal for religious groups running schools and services to discriminate against LGBTIQ students and clients.

The state government is proposing new laws that would include making it illegal for religious groups to expel or reject admission of LGBTIQ students on the basis of their sexuality.

Under the Equal Opportunity (religious groups) Amendment Bill, it would be against the law for religious bodies to discriminate on the basis of sex or LGBTIQ identity when providing preschool, primary or secondary education, health services, aged care, disability support services, foster care placement, emergency accommodation and public housing services.

Current legal exemptions would no longer apply, making it illegal for religious groups to:

– suspend expel or block entry, or subject students to unfavourable treatment

– refuse provision of services, or provide lesser quality services to potential or existing clients and patients

– and refuse to hire someone, or terminate employment on the basis of sex, sexual orientation, gender identity or intersex status, unless there is a genuine occupational need, in relation to employment.

It is already unlawful for Commonwealth-funded aged care providers to discriminate against LGBTIQ clients.

Attorney-General Vickie Chapman said the government was planning to reform the laws to strike a better balance between equality and religious freedom. Picture: Tait Schmaal

Attorney-General Vickie Chapman said the government was planning to reform the laws to strike a better balance between equality and religious freedom.

“The current law allows some bodies established for religious purposes to discriminate on the basis of sex, gender identity, sexual orientation or intersex status,” Ms Chapman said.

“This is so that they can operate within the doctrines of the religion generally or to avoid offending members of their religion.

“While these freedoms are important, they need to be balanced against the rights of individuals to fairness and equality, regardless of sexual orientation or gender identity.”

The Bill would remove the general exception to discrimination law for religious bodies that provide essential services, including children’s education, health care, aged care, emergency accommodation, public housing, and foster care placement.

Australian Christian Lobby state director Christopher Brohier said the government was further stripping away religious freedoms.

“The Bill will stop faith-based schools providing education in line with their scriptural teachings on gender and sexuality,” he said.

The ACL is also at loggerheads with the Marshall Government over the proposed abortion law reform sponsored by Ms Chapman currently before parliament.

Public consultation on the draft reforms to reduce discrimination against LGBTIQ+ community closed on Friday.

Ms Chapman is now considering all public submissions made.