New Queensland laws to protect gay teachers from being fired for their sexuality
New laws making it harder for religious schools to sack LGBTQ+ teachers and staff living out of wedlock will be introduced in Queensland by the end of the year.
New laws making it harder for religious schools to sack LGBTQ+ teachers and staff living out of wedlock will be introduced in Queensland by the end of the year.
Controversial law changes, recommended by the state’s Human Rights Commission last year, would prevent church-run schools from discriminating against employees on the basis of their sexuality, marital status and gender identity.
The state government unveiled its response to the commission report on Monday, after a three-month delay, supporting all 122 recommendations “in principle”.
Under expected law changes, schools still would be able to discriminate against staff directly involved in teaching religion but others, such as maths teachers, could not be fired on the basis of their sexuality or marital status.
It is understood the state still would allow religious school to discriminate when hiring staff and enrolling new students but will restrict grounds for terminating employees or expelling students.
In its response the state said more consultation would be held before a bill was drafted to ensure laws “strike the right balance” between individual rights and religious freedoms.
Two Christian schooling associations have slammed the proposed reforms as “radical” and warn they will strip church-run schools of their rights.
Australian Association of Christian Schools executive director Vanessa Cheng said any restrictions on employment decisions was a “serious concern”.
“In our schools all staff need to be able to uphold and affirm the beliefs of the school, we don’t make a distinction between some roles needing to be religious and some not,” Ms Cheng said.
“Regardless of what subject you are teaching, people need to be committed Christians.
“Teachers do a lot more than teach the curriculum, they are role models for the children.”
The Australian Law Reform Commission is consulting on federal anti-discrimination laws for religious schools with a report due on April 21. Queensland plans to align its laws with federal reforms.
Christian Schools Australia director of public policy Mark Spencer said laws must be “aligned and compatible” across the country so school leaders could stay focused on providing education.
“We also want to make sure we can continue to employ staff who share our beliefs, that is essential,” he said.
“Parents and teachers are the people best placed to make decisions about educating children and how that education should be provided.
“We don’t want activists and lawyers determining how schools should be run and who they can employ.”
In his report, Commissioner Scott McDougall noted a specific concern that current laws “require employees to hide or suppress who they are in the workplace”.
“Hiding or suppressing sexuality and gender identity has been linked to psychological harm,” he wrote. “It was noted that being LGBTQ+ and holding a religious belief are not mutually exclusive.”
The commission’s report came after a Brisbane Christian school asked its teachers to sign employment contracts that warned they could be sacked for being openly homosexual.
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