It’s time Scott Morrison stopped running away from his promise to LGBT kids

Today marks an unhappy milestone for LGBT Australians: 1,000 days since Scott Morrison first committed to ending discrimination against LGBT students by religious schools, saying ‘We do not think that children should be discriminated against.’

It was a promise made amidst the significant backlash following the leaking of the Religious Freedom Review recommendations, from a public who were surprised to learn taxpayer-funded faith schools could mistreat, and even expel, kids just because of who they are. And it was made in the middle of the Wentworth by-election campaign.

In committing to remove these special privileges before the end of 2018, Morrison said what he needed to say to get himself out of a tricky political situation. But he never did what was needed to be done to ensure LGBT students were finally protected under the Sex Discrimination Act.

Instead, Morrison has been running away from his promise ever since. If only he ran the national vaccine rollout as quickly, maybe I wouldn’t be writing this from lockdown.

Morrison never even introduced amendments to Parliament to give effect to his commitment, let alone tried to pass them. And refused to support Labor legislation which would have achieved the same goal.

By April 2019 – on the day before the writs were issued for the federal election – Morrison’s then-Attorney-General Christian Porter referred the broader issue of ‘religious exceptions’ to anti-discrimination law to the Australian Law Reform Commission (ALRC) for review.

After his re-election, Morrison preferred to prioritise granting even more special privileges to religious organisations through the ‘Religious Freedom Bills’, and put the fate of LGBT students on hold. Literally. In March 2020, Porter amended the ALRC reporting deadline to be ’12 months from the date the Religious Discrimination Bill is passed by Parliament.’

With the Religious Discrimination Bill delayed by the pandemic, the earliest it could be passed is the end of 2021, meaning the ALRC won’t report until at least late 2022.

And, of course, given the serious problems of the first two exposure draft Religious Discrimination Bills – including undermining inclusive workplaces and access to healthcare – there are many who will be trying to stop it from passing (myself included).

Either way, based on current ALRC timelines, and assuming both that Morrison wins re-election and still feels bound by a promise first made in October 2018, he will not even start drafting legislation until 2023. LGBT students in religious schools would not be protected against discrimination until 2024. At the earliest.

Put another way, LGBT students in year 7 when Scott Morrison first promised to protect them will have finished school before he finally gets around to doing it. If he ever does.

Today might mark 1,000 days since Morrison’s broken promise, but I am more concerned about a larger number: the thousands, and perhaps even tens of thousands, of LGBT students who have been, and are still being, harmed because of his inaction.

For many, that harm will be long-lasting, scarring them far beyond the school gates. I know, because that’s what happened to me.

Not only was my religious boarding school in 1990s Queensland deeply homophobic, from rules targeting same-sex students to a pastor implying gay kids should kill themselves, it helped create a toxic environment which encouraged verbal, and physical, abuse by students against any kid who exhibited any kind of difference. I suffered both.

Like Scott Morrison, I attempted to run away; I spent more than a decade trying to outrun the depression caused by those experiences. But it eventually caught up to me, and age 29 I almost succeeded in what that pastor had hinted I should do.

I was extremely lucky to survive, and even luckier that, with self-care, plenty of support and the love of a good man, I finally managed to thrive.

But whether LGBT kids are able to survive their childhoods should not be a matter of chance. Every LGBT student, in every school, deserves the right to thrive.

As dark as my story is, there is also hope. Because in 2002, the Queensland Government amended their Anti-Discrimination Act to remove the ability of religious schools to discriminate against LGBT students. And I am reliably informed, by multiple sources, that my boarding school is now vastly more accepting of diversity of sexual orientation.

All it takes is a commitment to actions, not just words. Indeed, the ACT Government also responded to the 2018 Religious Freedom Review with a promise to protect LGBT students, and teachers, in religious schools – something they passed before the end of that year.

In contrast, Prime Minister Morrison is still running. Running away from his October 2018 promise. And running away from his obligation to ensure all students have the right to learn in a safe environment. It’s time Morrison stopped running, and allowed LGBT kids to thrive.

*****

Take Action

It is clear from the history of this issue that Prime Minister Morrison is not going to take action just because it is the right thing to do. He will only make this change if we put enough pressure on him. On that basis, it’s up to all of us to tell Morrison that:

  • It’s time to honour your October 2018 promise to protect LGBT students in religious schools against discrimination on the basis of who they are
  • It’s time to help LGBT kids thrive no matter which school they attend, and
  • It’s time to stop delaying this much-needed reform and just get it done already.

There are a variety of ways you can let him know your thoughts:

Twitter: https://twitter.com/ScottMorrisonMP

Facebook: https://www.facebook.com/scottmorrison4cook

Email webform: https://www.pm.gov.au/contact-your-pm

Mail: The Hon Scott Morrison MP Prime Minister Parliament House Canberra ACT 2600

Telephone (Parliament House Office): (02) 6277 7700

Don’t forget to add a personal comment explaining why this issue is important to you.

Oh, and just in case Opposition Leader Anthony Albanese feels like he can avoid this issue, we also need the ALP to be much clearer on where it stands. In particular, we should be asking ‘Albo’:

  • Do you publicly commit to protecting LGBT students in religious schools against discrimination on the basis of who they are? and
  • Will you pass legislation giving effect to this commitment in the first six months of your term if you win the next federal election?

Anthony Albanese’s contact details include:

Twitter: https://twitter.com/AlboMP

Facebook: https://www.facebook.com/AlboMP

Email: A.Albanese.MP@aph.gov.au

Mail: The Hon Anthony Albanese MP PO Box 6022 House of Representatives Parliament House Canberra ACT 2600

Telephone (Parliament House Office): (02) 6277 4022

So, readers, it’s time to get writing/calling. Thanks in advance for standing up for LGBT kids.

*****

For LGBTI people, if this post has raised issues for you, please contact QLife on 1800 184 527, or via webchat: https://qlife.org.au/

Or contact Lifeline Australia on 13 11 14.

[Scott Morrison with Member for Wentworth, Dave Sharma]. Morrison first committed to protecting LGBT students in religious schools against discrimination during the October 2018 Wentworth by-election – a promise he has been running away from ever since.

Finally, if you have appreciated reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

Submission re the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020

Senate Standing Committee on Education and Employment

Submitted online via aph.gov.au  

19 March 2021

To the Committee

Thank you for the opportunity to provide this submission regarding the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020.

I do so as a long-standing advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, and as a gay man who (barely) survived five years at a homophobic religious boarding school in Queensland in the early 1990s[i]and who hopes to help protect trans and gender diverse students from experiencing similar discrimination today.

Contrary to its name, this legislation is not about prohibiting the indoctrination of children, but instead appears to be motivated by prejudice against the gender identity and/or gender expression of trans and non-binary young people.

It is not about providing balance, but is instead aimed at banning the information these children need to grow up feeling safe and supported, and reach their full potential.

And it is not about ensuring all students enjoy an inclusive education, but instead seeks to erase trans and gender diverse kids. From the curriculum, and from the classroom.

These disturbing truths are revealed by Senator Hanson’s Second Reading Speech, where she spends almost half of its word count arguing against ‘gender theory indoctrination in schools’, which she claims ‘involves some teachers and schools pushing the idea that a child’s biological sex does not determine where you are male or female.’

Not only does Senator Hanson fail to understand the difference between sex assigned at birth and gender identity – and the existence of hundreds of thousands of trans and gender diverse Australians demonstrate that these two can and frequently do diverge.

But she also seems to believe that banning curriculum materials which mention said reality of gender diversity will somehow prevent children from becoming trans or non-binary in the first place (from the Second Reading Speech: ‘The preoccupation with gender identity by some teachers and schools is correlated with an increase in children identifying as transgender, which is why I say these educators are transgendering our children’).

I know from bitter personal experience that the consequence of a homophobic education, where the curriculum did not even acknowledge the existence of same-sex attraction let alone affirm that it was a valid sexual orientation, did not make me any less gay, but it did nearly cost me my life.

The same will inevitably be true for trans and gender diverse students should this legislation pass. The choice is not between whether a child is trans or non-binary on one hand, or cisgender on the other. The choice is between whether a trans or non-binary child is happy and healthy, or depressed and at significant risk of self-harm.

On this most basic of outcomes, our schools are currently failing. Badly. The recent findings of the Writing Themselves In 4[ii] survey indicate that, far from schools being overwhelmingly supportive environments where being trans and gender diverse is encouraged, in many, indeed most, there is either silence or active hostility.

From that report:

  • One-half (51.2%; n=1,953) of secondary school participants reported that trans and gender diverse people were never mentioned in a supportive or inclusive way;[iii]
  • Almost three-quarters of trans men (74.3%; n=278) and two-thirds of trans women (67.7%; n=46) and non-binary participants (65.8%; n=746) said that in the past 12 months they had felt unsafe or uncomfortable at their educational institution due to their sexuality or gender identity;[iv]
  • Only 41.0% (n=378) of trans and gender diverse participants in secondary schools reported being able to safely use their chosen name or pronouns in the past 12 months, while only 50.9% (n=469) were able to wear clothes that matched their gender identity;[v] and
  • Over seven-tenths (70.2%; n=2,579) of secondary school participants… reported hearing negative language about gender identity or gender expression sometimes or frequently in the past 12 months.[vi]

Many trans and gender diverse students are not thriving in these toxic environments. Nor are they being ‘created’ by overly-supportive schools and teachers. They are merely doing their best to survive despite the transphobia which far too often surrounds them.

There is one point on which I agree with Senator Hanson. In her Second Reading Speech, she declares that ‘Our children deserve an education that will allow them to reach their potential.’ Unlike Senator Hanson, however, I believe that this statement should apply to all students, and not just those who are cisgender.

Trans and non-binary children have the same right to learn, and grow, as any other child. As every other child. Our schools should be doing more to support them, not less. That includes increasing their visibility in the curriculum, rather than having all references to gender diversity erased because of discriminatory legislation proposed by an extremist Senator.

I call on the Senate Standing Committee on Education and Employment, and the Parliament more broadly, to reject this attack on some of Australia’s most vulnerable.

Recommendation: That the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 be rejected in its entirety.

Before I conclude this submission, I would like to raise two additional arguments, both of which militate for rejection of this legislation.

First, the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 needs to be seen in its wider context. In my view, it is merely one small part of a larger, dangerous and divisive culture war being waged right now against trans and gender diverse Australians.

The proponents of this culture war include organisations that were opposed to the right of all couples to marry irrespective of their sexual orientations, gender identities and/or sex characteristics. Having lost that fight, including through the 2017 same-sex marriage postal survey, they appear to have turned their attention to denying the fundamental rights of trans and gender diverse Australians, and especially trans and non-binary young people.

These organisations have found supporters in columnists, and media publications, that seem happy to publish attacks on the ability of trans kids just to be themselves.

Unfortunately, these organisations also appear to have found supporters in the Senate itself, with the passage of Senator Roberts’ motion number 1055, on Wednesday 17 March 2021. As well as seeking to reinforce the use of binary-only gender descriptors, it included the following concerning clauses (among others):

‘That the Senate notes that:

ii. broad scale genuine inclusion cannot be achieved through distortions of biological and relational descriptors,

iii. an individual’s right to choose their descriptors and pronouns for personal use must not dehumanise the human race and undermine gender.’

In response, I would submit that denying the existence of trans and non-binary people is a far greater threat to ‘broad scale genuine inclusion’. More importantly, a trans or non-binary person affirming their gender descriptors and pronouns does not pose any threat to any person who is prepared to accept and respect other people for who they are.

Nor does the use of diverse gender descriptors and/or pronouns ‘dehumanise the human race’ in any way. Indeed, I would encourage Senators who voted in support of that motion to reflect on exactly who was being dehumanised by its contents.

The anti-trans agenda has found even greater support among state and territory parliaments, including in my jurisdiction of NSW. The state leader of Senator Hanson’s Party has introduced his own legislation seeking to make life much more difficult for LGBTI students, and for trans and non-binary students in particular.

As I have written elsewhere,[vii] the Education Legislation Amendment (Parental Rights) Bill 2020 is:

‘A Bill that seeks to prohibit any and all teaching that someone’s gender identity can be different to the gender assigned to them at birth.

That weaponises the so-called morality of transphobes to deny the reality of trans people.

A Bill that actually goes much, much further, by banning any ‘teaching, instruction, counselling and advice’ that acknowledges said lived reality, by anybody remotely connected to a school, from principals to parents volunteering in the school canteen.

That compels a school counsellor to remain silent when a suicidal trans student just needs to hear the most basic words of comfort: that they are not alone, and who they are is okay.

A Bill that recycles failed and flawed policies from Thatcher-era Britain, reviving ‘section 28’-style laws which saw a generation of lesbian, gay and bisexual students marginalised and made invisible, without access to safe sex education even at the height of the HIV epidemic.

Policies that were abandoned in the UK almost two decades ago, now being contemplated for LGBT students right here in 2021.

A Bill that seeks to insert an ignorant, inappropriate and incorrect definition of intersex in NSW law for the first time, further stigmatising individuals that still endure the most significant human rights abuses of any group within the LGBTI community.’

While discussing the Education Legislation Amendment (Parental Rights) Bill 2020, I should note that were both it and Senator Hanson’s own Bill to pass their respective Parliaments, it is highly likely the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 would result in the defunding of NSW public schools.

That is because of the operation of proposed section 22AA of the Australian Education Act 2013 (Cth), and especially sub-section (1)(b):

‘A payment of financial assistance under this Act to a State or Territory is subject to the condition that the State or Territory has in force laws that…

require a staff member (however described) of a school to provide students with a balanced presentation of opposing views on political, historical and scientific issues as such issues arise in the teaching of a subject.’

Given the NSW Bill expressly prohibits the teaching of particular views, including in relation to the scientific diversity of gender identity, it cannot possibly be described as balanced according to that word’s ordinary meaning.

Putting that particular issue to one side, I raise the broader context of the Bill currently before the Committee because it will have consequences outside of its own flawed provisions.

If the Committee, and Parliament, choose to support the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020, it will only embolden the proponents of the culture war against trans and non-binary kids.

On the other hand, the Committee, and Parliament, have the opportunity through this inquiry and subsequent legislative debate to send a strong signal that trans and gender diverse Australians have the right to be themselves, and above all that trans and non-binary children will be protected against further attacks.

The second and final additional argument I would like to raise relates to the impracticability of the Bill itself. Specifically, proposed section (7) of the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Act), provides that:

‘The Australian Curriculum, Assessment and Reporting Authority must ensure that:

(a) the national school curriculum is developed and administered to provide a balanced presentation of opposing views on political, historical and scientific issues; and

(b) information, resources, support and guidance that promote a balanced presentation of opposing views on political, historical and scientific issues are provided to the teaching profession.’

However, the Bill does not define what is meant by the term ‘balance’. The Explanatory Memorandum fails to provide further clarification, simply noting this provision requires ACARA ‘to promote a balanced presentation of opposing views where they exist’ (emphasis added).

Which leaves us with Senator Hanson’s Second Reading Speech to assist with legislative interpretation. In the context of her views on, or rather against, climate change science –which dominates the other half of her statement – the notion of ‘balance’ becomes problematic.

It appears Senator Hanson would like to provide an equal platform in the science curriculum to climate change denialism alongside evidence-based climate science which irrefutably shows the earth is heating, and that this heating is caused by human activity. 

To do what Senator Hanson proposes – to provide space in the science curriculum just because some people believe it, rather than because it is based on evidence – would undermine the very nature of science itself.

Nevertheless, it is the application of the Bill’s vague notions of ‘balance’ to the subject of history that reveals just how unworkable this legislation is.

To raise just one example, how would this legislation affect the history curriculum around World War II, and specifically the Holocaust? Abhorrent though their views are, some people continue to espouse Holocaust denialist arguments. To apply the language used in the Explanatory Memorandum, they are ‘opposing views (about history) where they exist’.

It is therefore at least possible that, if passed, the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 would mandate ACARA to include Holocaust denialism as part of the Australian history curriculum.

Such an outcome is obviously unacceptable. It reflects a Bill that is an unworkable mess, and one that would create a mess of Australia’s curriculum, not just in history, but in politics, science and elsewhere too.

In my view, this impracticability is the inevitable outcome of a Senator trying to impose their ideological obsessions – in this case, climate change denialism, and the erasure of trans and non-binary kids – through the national education system.

I would much prefer our school curriculum to be drafted by experts who understand their subject matter, as well as the learning and developmental needs of children – all children – rather than a Senator who does not seem to even understand her own legislation. 

I sincerely hope the majority of the Committee, and the Parliament, share that preference.

Thank you for considering this submission as part of the inquiry into the Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020. Please do not hesitate to contact me, at the details provided, should the Committee require additional information.

Sincerely

Alastair Lawrie

Pauline Hanson has joined her NSW state leader Mark Latham in introducing legislation attacking trans and non-binary kids.
Just like his Education Legislation Amendment (Parental Rights) Bill 2020, her Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020 must be rejected.

Footnotes:

[i] For more on my experiences, see ‘The Longest Five Years’, via https://alastairlawrie.net/2019/03/17/the-longest-five-years/ 17 March 2019.

[ii] Adam O. Hill et al, ‘Writing Themselves In 4: The Health and Wellbeing of LGBTQA+ Young People in Australia’, La Trobe University Australian Research Centre in Sex, Health and Society, February 2021, available at https://www.latrobe.edu.au/__data/assets/pdf_file/0010/1198945/Writing-Themselves-In-4-National-report.pdf

[iii] Ibid, p48.

[iv] Ibid, p52.

[v] Ibid, p54.

[vi] Ibid, p57.

[vii] See ‘NSW MPs can be champions for trans and gender diverse kids. Or bullies.’, via https://alastairlawrie.net/2021/02/14/nsw-mps-can-be-champions-for-trans-and-gender-diverse-kids-or-bullies/ 14 February 2021.

NSW Liberal Parliamentary Secretary for Education Supports Bill to Erase Trans Kids

Last weekend was the first Sydney Gay & Lesbian Mardi Gras Parade and/or Party I have missed since 2003. Although I think I had a pretty good reason not to be there – I was attending my grandma’s 100th birthday party in Rockhampton, Queensland (near where I grew up).

Nevertheless, the day before Mardi Gras I received a letter reminding me of just how far there is left to go before we achieve genuine, substantive equality for LGBTI Australians, and especially for trans and gender diverse children and young people.

But, first, some context. In August last year, NSW One Nation Leader Mark Latham introduced the Education Legislation Amendment (Parental Rights) Bill 2020. As I wrote at the time, this proposed law is the worst attack on LGBTI rights in this country this century.

If passed, the Education Legislation Amendment (Parental Rights) Bill 2020 would:

  • Prohibit any ‘teaching, instruction, counselling and advice’ that gender identity can be different to sex assigned at birth, effectively erasing and invisibilising trans and gender diverse students in schools across NSW
  • Introducing a UK section 28-style clause making it difficult for teachers, principals and counsellors to support lesbian, gay and bisexual students, and
  • Enacting an inaccurate and offensive definition of intersex in NSW law for the first time.

The NSW Legislative Council Education Committee is currently conducting an inquiry into this Bill. Unfortunately, the Chair of that inquiry is… Mark Latham. In which case, I decided to bypass the Committee and instead write directly to the majority of MPs calling on them to be champions for trans and gender diverse kids, rather than their bullies.

I have received a small number of responses to date, but the most significant so far arrived in my inbox last Friday, March 5 2021. It came from the Member for Riverstone, Mr Kevin Conolly – who, incidentally, is also the NSW Government Parliamentary Secretary for Education (and therefore a direct adviser to and influencer of the Minister for Education, the Hon Sarah Mitchell).  Here is what he wrote:

Dear Mr Lawrie,

Thank you for contacting me to express your view about the Education Legislation Amendment (Parental Rights) Bill 2020.

You appear to have misunderstood the intent and effect of the Bill on a number of levels.

The first thing to state about the Bill is that it gives effect to internationally recognised human rights explicitly stated in international agreements to which Australia (like nearly all nations) is a signatory:

Article 18, part 4 of the International Covenant on Civil and Political Rights states:

‘The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.’

Article 5 of the Convention on the Rights of the Child:

‘Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognised in the present Convention.’

Article 26(3) of Universal Declaration of Human Rights:

‘Parents have a prior right to choose the kind of education that shall be given to their children.’

I do not agree that the Bill is based on a sick ideology, as you assert. It is based, in my view, on the common sense proposition that it is parents who are best placed and most likely to focus on the best interests of their child, rather than teacher unions, academics or activists with their own political agenda.

In prohibiting the teaching of ‘gender fluidity’ the Bill would preclude the teaching of the false and unscientific proposition that gender is something other than biologically determined.

To state this does not in any way suggest that it is better for young people experiencing gender dysphoria to ‘not exist at all’. I’m sure that Hon. Mark Latham would wholeheartedly agree with you that young people in this situation should be ‘happy and healthy, … safe and supported.’ This is far more likely to be the case if they are in the care of their parents and avoid premature chemical or surgical interventions while they grow and mature.

It is a fact that the great majority of cases of young people with gender dysphoria are resolved in time without any such interventions if children and adolescents are supported by loving families and allowed to make their own decisions when older. Most are resolved with the person coming to terms with their biological gender.

I note that you have mentioned ‘LGBTI’ a number of times in your email. However the Bill has no impact whatsoever on questions of homosexuality, only on the specific issue of so-called ‘gender fluidity’.

In my view, quite contrary to your assertion, the Bill would facilitate a school counsellor or teacher to help a child or young person by allowing counselling to consider all the future options available to the person rather than requiring only one predetermined option (i.e. ‘transition’) to be discussed.

The Bill is a positive step forward because it provides the opportunity for parents to provide genuine selfless care to young people rather than leave them at the mercy of activists whose ‘care’ is far more for their ideological cause than it is for the young person facing difficult challenges. In doing so it upholds universally recognised basic human rights, and responsibilities of parents towards their children.

Yours sincerely

Kevin Conolly MP

Member for Riverstone

*****

There is obviously a lot to unpack here. First of all, it is clear that Mr Conolly is selectively quoting from some international human rights instruments, while ignoring other key principles. This includes Article 26 of the ICCPR, which states:

‘All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property or other status.’

There is no doubt that a Bill which seeks to erase trans and gender diverse students, make life much more difficult for LG&B kids, and stigmatise intersex children, is discriminatory against LGBTI people.

Indeed, as others have written, it is likely that the Education Legislation Amendment (Parental Rights) Bill 2020 will ultimately be found to be unlawful because it contravenes the provisions of the Sex Discrimination Act 1984 (Cth).

But misinterpreting international human rights law is the least of the problems in Mr Conolly’s correspondence.

He also doesn’t seem to understand the Bill itself. The Education Legislation Amendment (Parental Rights) Bill 2020 establishes strict limits on any teaching or counselling of anything to do with what it describes as ‘matters of parental primacy’ – which is defined very broadly to explicitly include ‘matters of personal wellbeing and identity including gender and sexuality’.

Therefore, his protestation that ‘the Bill has no impact whatsoever on questions of homosexuality’ is not only patently false, but makes me question whether he has even read the legislation he is so ardently defending.

On that note, I find it incredibly curious that a member of the NSW Government – and a Parliamentary Secretary at that – is not only publicly supporting One Nation legislation (‘The Bill is a positive step forward…’), but also defending and apparently speaking on behalf of the NSW One Nation Leader (‘I’m sure that Hon. Mark Latham would…’).

But, of course, the worst aspects of Mr Conolly’s letter relate to his views about gender identity.

On this topic, he appears to assert that there is actually no such thing as trans and gender diverse people (‘In prohibiting the teaching of ‘gender fluidity’ the Bill would preclude the teaching of the false and unscientific proposition that gender is something other than biologically determined’). I’m sure that revelation would be surprising to trans and gender diverse people across NSW.

Nevertheless, the most offensive aspect of Mr Conolly’s correspondence arrives near its conclusion, where he argues ‘the Bill would facilitate a school counsellor or teacher to help a child or young person by allowing counselling to consider all the future options available to the person rather than requiring only one predetermined option (i.e. ‘transition’) to be discussed’.

Except that, given those same counsellors and teachers will be explicitly prohibited from even mentioning that gender identity can be different to sex assigned at birth, the only option they will be permitted to present to struggling children is that they simply not be trans or gender diverse.

It is at least arguable that what Mr Conolly is calling for is for counsellors and teachers to provide anti-trans conversion practices in every school across NSW.

It is extraordinary this letter was written by a member of the NSW Liberal/National Government. It is deeply troubling that it was done so by the Parliamentary Secretary for Education, commenting on and explicitly supporting legislation within his portfolio.

This stands in marked contrast to the failure of the NSW Premier, Gladys Berejiklian, Deputy Premier, John Barilaro, and Education Minister, Sarah Mitchell, to take any position on the Bill whatsoever. Indeed, they collectively delegated their reply to my letter to a bureaucrat in the Department of Education, who wrote:

‘The NSW Government will respond to the proposed bill after careful consideration to ensure all relevant legislation and protections are considered.’

Now that the Parliamentary Secretary for Education has declared his personal support for the Education Legislation Amendment (Parental Rights) Bill 2020, I believe this studious refusal to adopt a position is no longer tenable. At a certain point, being non-committal ends up being complicit.

The failure of the NSW Premier to oppose Mark Latham’s awful legislative assault on trans and gender diverse kids is particularly untenable given another development last weekend: Ms Berejiklian’s attendance at the SCG for the Mardi Gras Parade (as tweeted by Commonwealth Liberal MP, Dave Sharma – pictured below).

In my view, if you are prepared to come and celebrate diversity with us – diversity of sexual orientation, gender identity and sex characteristics – then you must be prepared to defend that diversity.

Against attacks by fringe extremist parties in the NSW Legislative Council.

And against support for those attacks by prominent members of your very own Government.

As I wrote previously, ‘It is time for [NSW Parliamentarians] to make your decision about the Education Legislation Amendment (Parental Rights) Bill 2020. Champion. Or bully. The choice is yours.’

Right now, that choice belongs to the NSW Premier, Gladys Berejiklian.

Berejiklian must understand the extremely serious consequences if she makes the wrong decision. Because instead of being able to celebrate their own 100th birthdays early in the 22nd century, some trans and gender diverse students in NSW schools will struggle to reach their 18th.

*****

For LGBTI people, if this post has raised issues for you, please contact QLife on 1800 184 527, or via webchat: https://qlife.org.au/

Or contact Lifeline Australia on 13 11 14.

If you have enjoyed reading this post, you can sign up to receive updates about this and other issues from this blog, via the right-hand scroll bar on desktop, or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus [NB Given the events of the past month – with this website being blocked by Facebook for being ‘news’ – it is more important than ever to sign up if you want to receive updates, especially with the possibility of further disruptions].

NSW MPs can be champions for trans and gender diverse kids. Or bullies.

This Valentine’s Day, I have written the below letter to NSW Parliamentarians, asking them to show love for trans and gender diverse kids by unequivocally opposing Mark Latham’s proposed legislation which seeks to deny their existence. Please read through to the end of the article to find out what you can do to help fight back against his bullying.

14 February 2021

Dear NSW MPs

I am writing to urge you to immediately and publicly express your opposition to the Education Legislation Amendment (Parental Rights) Bill 2020.

This legislation makes me sick.

This legislation is sick.

This legislation is based on a sick ideology that it is better for trans and gender diverse kids not to exist at all, than for them to be happy and healthy, and to feel safe and supported in NSW schools.

I, and lesbian, gay, bisexual, transgender and intersex (LGBTI) people in this state, are sick and tired of wasting precious time and energy fighting against such ill-intentioned attacks on our community.

Especially when there is still so much progress left to achieve, including on legal rights for trans and gender diverse people, like providing access to birth certificates without the need for surgery or other invasive medical procedures, or ensuring the Anti-Discrimination Act 1977 covers non-binary people (something it currently does not).

Instead, the NSW Legislative Council’s Education Committee is holding an inquiry into a Bill which is nothing short of the worst legislative attack on LGBTI rights in Australia this century.

A Bill that seeks to prohibit any and all teaching that someone’s gender identity can be different to the gender assigned to them at birth.

That weaponises the so-called morality of transphobes to deny the reality of trans people.

A Bill that actually goes much, much further, by banning any ‘teaching, instruction, counselling and advice’ that acknowledges said lived reality, by anybody remotely connected to a school, from principals to parents volunteering in the school canteen.

That compels a school counsellor to remain silent when a suicidal trans student just needs to hear the most basic words of comfort: that they are not alone, and who they are is okay.

A Bill that recycles failed and flawed policies from Thatcher-era Britain, reviving ‘section 28’-style laws which saw a generation of lesbian, gay and bisexual students marginalised and made invisible, without access to safe sex education even at the height of the HIV epidemic.

Policies that were abandoned in the UK almost two decades ago, now being contemplated for LGBT students right here in 2021.

A Bill that seeks to insert an ignorant, inappropriate and incorrect definition of intersex in NSW law for the first time, further stigmatising individuals that still endure the most significant human rights abuses of any group within the LGBTI community.

It does all of this based on misguided claims that the rights of parents are somehow more important than those of their children. Perhaps the best that could be said regarding this stated motivation is that at least they are being transparent.

For decades, opponents of LGBTI rights have argued that we are a serious threat to the rights of children to be themselves. Demands for our equality have frequently been met with the pleas of excitable Helen Lovejoy-types exclaiming ‘won’t somebody please think of the children’.

Well, this legislation pulls back the curtain to reveal where the real danger lies, and it’s not us. The threat to LGBTI kids comes from parents who would prefer their own children not to exist than to be who they are, and from the politicians who wish to empower them.

This legislation is an admission that, if the criteria for assessing policy proposals is whether it is in the best interests of children, then the homophobes, biphobes and transphobes have lost. Because decades of evidence clearly shows the best response to LGBT kids is to offer them love not judgement, support not suppression.

Instead, anti-LGBTI activists have moved the goalposts, so that the rights of children are no longer supreme, but must be made secondary to the perspectives of parents. But even then only the views of some parents are considered paramount.

This legislation, if passed, would mean not only that transphobic parents succeed in ensuring their own children are not taught about gender identity issues, but that no child is, in any class, anywhere. That includes the trans and gender diverse kids of parents who accept them (as any parent should).

Education is, or at least should be, for all, not just for students who are cisgender, heterosexual and endosex. Schools must not be compelled to be participants in and proponents for the prejudices of some parents.

Teachers must be allowed to teach the truth. The undeniable truth is that trans people exist. Gay, lesbian, and bisexual people as well. Intersex people, too. 

These truths might be inconvenient for those who would prefer otherwise. But that is not a good enough reason to pass a law to impose silence where our stories should be.

The Education Legislation Amendment (Parental Rights) Bill 2020 was released more than six months ago. Its discriminatory pillars have been public knowledge for just as long.

Which makes it deeply disappointing, distressing even, that neither the NSW Government nor Opposition have clearly committed to voting against it in the time since then.

Recent events in the United States have served as a stark warning of the profound consequences of playing footsie with fascism.

NSW Parliamentarians should not encourage extremism, by entertaining the exclusion of an entire category of person from education. Make no mistake, that is exactly what this Bill does: it enables the erasure of trans and gender diverse students in every classroom and schoolyard across the state.

I understand that, regrettably, One Nation holds part of the balance of power in the Legislative Council this term. But it is a craven political calculation which concludes two Upper House votes are worth more than the happiness, the childhoods and in some cases even the lives of some of the community’s most vulnerable members.

Surely it is time for you to find your voice and say, finally, you cannot in good conscience stay silent on a proposal that silences trans kids. That you will oppose this harmful and hateful legislation in committee, in debate and whenever it comes up for a vote.

If you are not convinced by the above arguments, then I implore you to do one simple thing: put yourself in the position of a trans child following the potential passage of this Bill.

Imagine realising that, at a fundamental level, you are not like most of the other boys, or girls. You may not have the language yet, yet you know you are different.

But the words you need to express yourself aren’t able to be uttered in the place the Government compels you to attend most days of the first 18 years of your life. A place where you’re supposed to feel safe, but instead are sidelined.

There is nothing in the Personal Development, Health and Physical Education curriculum to say other people like you even exist. They have been excised from the textbooks, just as they’ve been excluded from English, History and other subjects too.

You cannot find any information about who you are in the school library because any books that mention gender diversity have been purged.

You cannot see yourself in any of the trans or gender diverse teachers who might be there either, because they are busy hiding themselves lest they be accused of ‘indoctrination’.

Imagine overcoming these barriers, and, with the support of your family, beginning to affirm who you really are. And then your problems really begin.

Your teacher cannot actively support your transition because to do so could be interpreted as ‘instruction’ to the rest of your class that trans people do, in fact, exist.

They also can’t intervene to stop you from being misgendered and deadnamed by other kids. To some extent, such bullying is inevitable because they’ve never been taught anything about people like you and ‘different’ too-easily, and too-rapidly, becomes ‘wrong’.

You cannot seek advice from the school counsellor, because the moment you start to say anything about gender identity they are forced to shut the conversation down. They’re not even allowed to refer you to the wonderful support service they’re aware of just down the road, but may as well be in a different universe.

And you cannot seek protection from the school principal because of the attitudes of parents and politicians who have never met you, but who hate who you are anyway.

Imagine how you might feel in this situation. How scared. And small. And alone. Even with the backing of a supportive family, it would be difficult. Without it, it would be almost impossible.

I don’t need to imagine very hard. Because there is a lot of similarity in what I described above to the circumstances I confronted as a gay student at a religious boarding school in Brisbane in the early 1990s.

And, if we’re being completely honest, there are still far too many same-sex attracted kids who find themselves in the same scenario in schools all over NSW today.

But it absolutely destroys my heart to think that, even today, NSW Parliament is holding an inquiry into a Bill that would guarantee this mistreatment for trans and gender diverse kids into the future, with the long-term psychological harm that all-too-often goes with it.

It doesn’t need to be this way.

I started this letter by talking about the sickness that lies at the centre of the Education Legislation Amendment (Parental Rights) Bill 2020, and the dangerous views that it espouses. But those views should not be the centre of this debate.

Instead, this discussion is about how we treat people who are not sick, but who are actually beautiful: trans and gender diverse kids.

Kids who deserve the same love, and care, and nurturing, as anybody else. Kids who have the same right to education as anybody else. Kids who should have the same ability to determine for themselves who they are, as anybody else.

As an elected representative in the NSW Parliament, you can be their champion. As part of the debate surrounding this Bill you can stand up and say that trans kids are welcomed and accepted, while transphobia is not.

You can let the people of NSW know, right now, that you will not let this legislation, or any subsequent legislative attacks on trans kids, pass.

Of course, you do have another option. Alternatively, you could choose to progress with consideration of this Bill, through the committee inquiry, and then onto the floor of Parliament for debate. You might even ultimately decide to vote for it.

If you do, then instead of being a champion for trans and gender diverse kids, you would be joining their bullies. And responsibility for the harms caused would be yours to own.

It’s time for you to make your decision about the Education Legislation Amendment (Parental Rights) Bill 2020. Champion. Or bully. The choice is yours.

Sincerely,

Alastair Lawrie

Things you can do:

The NSW Legislative Council Education Committee (chaired by Mark Latham himself) is conducting an online questionnaire about community views towards the Education Legislation Amendment (Parental Rights) Bill 2020, closing on Sunday 28 February 2021.

Unfortunately, many of the questions asked are (mis)leading. Nevertheless, organisations like the NSW Gay and Lesbian Rights Lobby and Equality Australia recommend completing the survey in the following way:

  • Go to the survey on the Committee’s website 
  • Fill in your details in response to the first question
  • At question 2 click ‘oppose’
  • Skip through the other questions
  • At question 8 share a story of a teacher who made an impact on your life
  • Identify yourself only to the extent you feel comfortable.

If you feel comfortable, you should also raise this issue directly with your local member of parliament (you can find a list of MPs here) and let them know you expect them to stand up for the right of everyone to an education, and that includes trans and gender diverse kids.

If you would like more information about the Bill itself, you can read my original post summarising the proposed legislation from August 2020, ‘I Stand With Trans Kids, and Against Mark Latham’.

Finally, you can sign up to receive updates about this and other issues from this blog, via the right-hand scroll bar on desktop, or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus [NB Given the events of the past week – with this website being blocked by Facebook for being ‘news’ – it is more important than ever to sign up if you want to receive updates, especially with the possibility of further disruptions].

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Update 28 February 2021

I received the following correspondence on Thursday:

Dear Mr Lawrie

I write in response to your email of 14 and 15 February 2021, to the Hon Gladys Berejiklian MP, Premier and the Hon John Barilaro MP, Deputy Premier and Minister for Regional New South Wales, Industry and Trade, and Hon Sarah Mitchell MLC, Minister for Education and Early Childhood Learning regarding the Education Legislation Amendment (Parental Rights) Bill 2020. The Premier and Deputy Premier referred your correspondence to the Hon Sarah Mitchell MLC, Minister for Education and Early Childhood Learning. The Minister has asked me to respond on her behalf.

The NSW Government will respond to the proposed bill after careful consideration to ensure all relevant legislation and protections are considered.

The Department of Education is committed to providing safe and supportive learning environments that respect and value diversity and are free from violence, discrimination, harassment and vilification. NSW public schools have legal obligations to protect and support their students.

We thank you for taking the time to express your concerns over the proposed bill. The NSW Government is working through the formal parliamentary process to address the matter and will communicate this once the process is finalised.

Should you require any further information you are welcome to contact [name and contact details omitted].

Yours sincerely

[Name omitted]

A/Director, Curriculum Secondary Learners

25 February 2021

Upon receiving this correspondence, I had three main thoughts:

First, it is disappointing that none of the Premier, Deputy Premier or even the Minister for Education responded directly to my original letter, instead delegating it to the Department of Education.

Second, it is frankly pathetic for the NSW Government to hide behind the committee inquiry process, as if this is an ordinary bill. It is not. It is an extreme proposal that seeks to erase an entire group of students from schools across the state. How much worse must a law be before NSW’s leaders show some leadership and declare that this type of legislation will not be tolerated, let alone considered?

Third, it reinforces the need for everyone who believes in an inclusive education, where all students have the right to learn irrespective of their sexual orientation, gender identity or sex characteristics, to make their voices heard. If you are reading this on Sunday 28 February 2021, please, please, please complete the parliamentary survey expressing your opposition to this Bill in question 2.

Scott Morrison’s Broken Promise to Protect LGBT Students is Now Two Years Old

Two years ago today, Prime Minister Scott Morrison promised to protect lesbian, gay, bisexual and transgender (LGBT) students in religious schools against discrimination. He stated, unequivocally: ‘We do not think that children should be discriminated against.’ 

This promise was made following the leaking of the Ruddock Religious Freedom Review’s recommendations, which sought to clarify but not repeal the existing ability of religious schools to discriminate against LGBT kids just because of who they are, and the significant public backlash it received from people who did not realise these schools already enjoyed this extraordinary special privilege under the Commonwealth Sex Discrimination Act 1984.

Morrison further committed to introducing amendments to prevent religious schools mistreating LGBT students in this way before the end of 2018, saying: ‘I believe this view is shared across the Parliament and we should use the next fortnight to ensure this matter is addressed.’ 

Scott Morrison has reneged on his promise to protect LGBT students in religious schools against discrimination. Brazenly. Deliberately. And without any apparent consideration of the serious harms his broken promise will cause to a generation of LGBT kids.

Morrison’s Government never even bothered to introduce a Bill into Parliament to attempt to implement his commitment, let alone tried to have it passed.

When the Greens, with the Discrimination Free Schools Bill 2018, and then Labor, with the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, both sought to do so themselves, the Liberal/National Government referred these Bills to Senate inquiries rather than debating them.

Even after those inquiries, which took place in late 2018 and over the summer of 2018/19 respectively, handed down their reports, the Morrison Government failed to support those proposals and still did not propose a Bill of their own. Instead, they stalled and effectively counted down the clock until the 2019 Federal election. 

On the very last day before the writs were issued for that election, Attorney-General Christian Porter referred the issue of ‘religious exceptions’ generally to the Australian Law Reform Commission (ALRC) for a detailed, 12-month review. 

After the Morrison Government was re-elected on 18 May 2019, they returned to power with even less sense of urgency to give effect to his promise from October 2018. Instead, they gave priority to preparing two Exposure Drafts of the Religious Discrimination Bill, in late 2019 and early 2020, legislation that would

  • Make it easier to make comments that ‘offend, humiliate, intimidate, insult or ridicule’ minorities, including LGBTI people
  • Make it easier for health practitioners to refuse to provide services that benefit minorities, including LGBTI people
  • Make it easier for religious organisations to discriminate against others, and
  • Make it more difficult for big business to promote diversity and inclusion, including for LGBTI people.

On the other hand, they first delayed the ALRC’s reporting timeline until December 2020. And then, on 2 March 2020, the Attorney-General amended the ALRC’s reporting deadline to be ‘12 months from the date the Religious Discrimination Bill is passed by Parliament.’ 

That change alone is enough to guarantee Morrison’s promise – which, let’s remember, was to protect LGBT students before the end of 2018 – will not happen this term.

First, the Religious Discrimination Bill may not pass (and, in its current form, it most definitely should not). Second, even if it passes, it will not happen until the first half of 2021 at the earliest. At a minimum, that makes the ALRC’s new reporting deadline the first half of 2022, which is when the next federal election is due (by May 2022, although there is increasing speculation it will instead be held in late 2021).

Even after the ALRC ultimately delivers its report, it usually takes a Government at least six months to prepare a formal response, and six months again to introduce legislation based on its response. 

Which means, even if the Government still feels bound by Morrison’s original promise from October 2018, even if the Liberal/National Government is re-elected, even if Morrison remains Prime Minister, even if the ALRC recommends how to implement his commitment, even if the Government accepts the ALRC recommendation, even if the Government prepares and introduces legislation to make this change and even if Parliament passes it, that legislation will not happen until 2023, and will likely not take effect until 2024.

A student in Year 7 when Scott Morrison first promised to urgently protect LGBT kids in religious schools against discrimination will finish Year 12 before his Government gives effect to it – if they ever do.

This isn’t just any ordinary broken promise either. In raising hopes that some of the most vulnerable members of our community might finally be legally protected, and then comprehensively dashing them, Morrison has broken hearts, while leaving a trail of broken lives in his wake.

That’s because anti-discrimination exceptions allowing religious schools to mistreat LGBT students just because of who they are inflict serious, real-life harm on those kids.

Religious schools can harm LGBT kids through the hateful things they say to them. And they can harm LGBT kids by not saying anything positive at all, leaving children who are struggling to figure out who they are to suffer, alone, in the all-enveloping silence of the closet.

Religious schools can harm LGBT kids by expelling them because of their sexual orientation or gender identity. But, generally, they don’t need to – the threat alone is enough. Where a student does bravely decide to come out despite that school’s prejudiced views, the school can ‘encourage parents to find a more suitable environment for their child’ (and what parent would force a school to expel their child in such circumstances?).

Religious schools can harm LGBT kids in myriad ways that fall short of expulsion too, from special rules targeting same-sex attraction, and erasing gender diversity.

Above all, religious schools can harm LGBT kids by creating a toxic environment, where those students know they will not receive safety and protection if they need it – something other kids figure out all too quickly, and take advantage of with impunity. 

I know the above from bitter personal experience – barely surviving five years at a religious boarding school in Brisbane in the early 1990s.

When they weren’t saying hateful things about my sexual orientation (like the pastor who suggested that, for kids struggling with ‘confusion’, killing themselves was not the worst possible outcome), they said nothing at all, leaving a dangerous void in which homophobia can, and did, flourish.

Their explicit rules against same-sex attraction didn’t need to be enforced either – all students knew being ‘out and proud’ simply wasn’t an option. Worst of all, the school’s anti-LGBT stance meant other boarders were free to ‘police’ any students who displayed even the subtlest signs of difference: I was subjected to both verbal, and at times physical, abuse.

The most depressing part of all is the realisation that, in many parts of Australia, little has changed in the past 25 years. While, thankfully, Queensland, Tasmania, the ACT and Northern Territory have all legislated to remove the special privileges allowing religious schools to discriminate against LGBT kids, other jurisdictions have not. 

In 2020, it is appalling and infuriating that religious schools in NSW, Victoria, Western Australia and South Australia can still legally mistreat LGBT students simply because of who they are. 

And they still do, too. As Oliver Griffith wrote, in 2018, about his own, more-recent experiences at a religious school (in an article called Growing up gay in a Christian school had lasting effects on my life’):

‘Growing up gay in an environment like this is a challenge because you are faced with your realisation of your own identity and at the same time are taught by people you trust that you are a deviant, a danger to society, and otherwise should be shunned from the community… the open criticism of homosexuality meant that I was always aware that revealing who I was to the people around me could result in being ostracised from my friends and the teachers I had learnt to respect. Despite becoming aware of my sexuality at the age of 14, I never revealed this publicly until I was in my 20s.’

My, and Oliver’s, stories of survival are by no means unique. And, of course, there are the countless stories we will never get to hear, because those students took their own lives as a direct consequence of the homophobia, biphobia and transphobia of religious schools, all legally supported by our Commonwealth Government.

The serious harms caused by the special exceptions provided to religious schools is backed up by the evidence. As expert in this area, Dr Tiffany Jones, wrote in the conclusion of their submission to the 2018 Senate inquiry titled ‘The Wrong of ‘Discrimination Rights’:

The data outlined in this submission adds to the author’s past submissions on [Sex Discrimination Act] Drafts citing evidence showing that the majority of LGBT students who attended religious schools rated them as homophobic spaces and that many LGBT students in religious schools suffered attempts to be ‘converted to heterosexuality’ or were forced out of their schools (eg in 2012). This submission shows new evidence that this trend continues in Australian religious schools, especially for people on the trans-spectrum. This is despite the fact that conversion attempts are widely and strongly denounced by peak psychology bodies.

Past submissions from the author showed there are significantly fewer policy-based protections for LGBT students in religious schools, which is highly problematic as policy protections are associated with decreased risks of experiencing homophobic and transphobic violence and decreased risks of self-harm and suicide rates for the group. However, the 2018 data shows that anti-LGBT conversion approaches contribute to harm the wellbeing of not only LGBT students, but most people attending those schools – who are significantly more likely to consider self-harm and suicide, and attempt self-harm and suicide.

The 2018 data show ‘gay’ is still the top insult in Australian schools. Trans-spectrum people suffer from more staff targeting just attending school as legally enforced. If our nation requires youth to attend school, and insists on funding religious schools, then those schools must be safe. The small portion of extremist conservative religious schools of Australia (not all religious schools, but those taking advantage of the SDA’s exemptions which effectively endorse anti-LGBT approaches) provide an educational environment lacking in basic social competencies for entering a modern diverse Australia and following its laws outside of the unrealistic ‘bubble’ of these schools. We need to ensure safety and better citizenship education at these schools. Not only for LGBTs, but for all students experiencing the wellbeing and educational deficits of discrimination on gender identity, gender expression and sexual orientation. [emphasis in original]

Dr Jones is correct – if we compel students to attend school, then we must ensure that all school environments are safe for all students, including lesbian, gay, bisexual and transgender kids.

Currently, they are not. Religious schools are legally allowed to harm LGBT students, by what they say, and what they don’t say. By what they do (in enforcing anti-LGBT policies and rules), and what they don’t need to (because of the threat hanging over the heads of LGBT kids). And most of all, religious schools are legally permitted to harm LGBT students by creating toxic cultures in which homophobic, biphobic and transphobic bullying and violence can thrive.

Two years ago today, Prime Minister Scott Morrison promised to protect LGBT students in religious schools against discrimination. He has done nothing in the two years since to give effect to this commitment.

While Scott Morrison might be able to walk away from his words, he cannot walk away from his responsibility for the serious harm being inflicted, needlessly, on another generation of LGBT kids because of his inaction. Harm that will still be felt by too many long after his time as Prime Minister comes to an end.

**********

Update: 7 July 2021

It is now 1,000 days (and counting) since Scott Morrison first committed to protecting LGBT students against discrimination.

It is clear from the history of this issue that the PM is not going to take action just because it is the right thing to do. He will only make this change if we put enough pressure on him. On that basis, it’s up to all of us to tell Morrison that:

  • It’s time to honour your October 2018 promise to protect LGBT students in religious schools against discrimination on the basis of who they are
  • It’s time to help LGBT kids thrive no matter which school they attend, and
  • It’s time to stop delaying this much-needed reform and just get it done already.

There are a variety of ways you can let him know your thoughts:

Twitter: https://twitter.com/ScottMorrisonMP

Email webform: https://www.pm.gov.au/contact-your-pm

Mail: The Hon Scott Morrison MP Prime Minister Parliament House Canberra ACT 2600

Telephone (Parliament House Office): (02) 6277 7700

Most importantly, don’t forget to add a personal explanation of why this issue is important to you. Thanks!

**********

For LGBTI people, if this post has raised issues for you, please contact QLife on 1800 184 527, or via webchat: https://qlife.org.au/ or contact Lifeline Australia on 13 11 14.

Scott Morrison’s broken promise to protect LGBT students in religious schools against discrimination turns two years old today (11 October 2020).

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

I Stand With Trans Kids, and Against Mark Latham

Wednesday 5 August 2020 saw the introduction of the most damaging legislative attack on lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in Australia this century: Mark Latham’s Education Legislation Amendment (Parental Rights) Bill 2020.

Don’t let the innocuous title fool you. This Bill seeks nothing less than the total erasure of any and all trans and gender diverse content, inclusion programs and even counselling from every school in NSW, government and non-government alike. In doing so, it seeks to completely erase trans and gender diverse kids, too.

It does this by adding the following definition to the Education Act 1990 (NSW):

gender fluidity means a belief there is a difference between biological sex (including people who are, by their chromosomes, male or female but are born with disorders of sexual differentiation) and human gender and that human gender is socially constructed rather [than] being equivalent to a person’s biological sex.

This definition effectively excludes the very existence of trans and gender diverse people.

Latham’s Bill then prohibits the inclusion of anything to do with ‘gender fluidity’ from all courses approved for use in schools across NSW.

And it prohibits not just ‘the teaching of gender fluidity’ (proposed section 17A), but also any ‘instruction, counselling and advice provided to students by:

  • non-teaching school executives;
  • non-teaching school counsellors,
  • non-teaching staff, contractors, advisors and consultants of a school,
  • non-school based staff, contractors, advisors and consultants of a school, and
  • volunteers at a school’ (proposed section 17C).

Everyone – from teachers, to principals, counsellors, and parents volunteering in the classroom or the tuckshop – must adopt an official silence on anything to do with trans and gender diverse people.

The consequences for teachers breaching this silence are severe: the Bill proposes amendments to the Teacher Accreditation Act 2004 (NSW) that would cancel the accreditation of any teacher who even acknowledges that trans and gender diverse people are a thing.

As Latham stated in his Second Reading Speech:

My bill outlaws gender fluidity teaching, course development and teacher training and ends the accreditation, and thus the employment, of any individual breaking that law.

Of course, the consequences for trans and gender diverse students are far worse. They will be made to feel completely invisible, with no information about who they are, let alone reassurance who they are is okay.

There will be no trans and gender diverse content in health and physical education classes, at any age, or in any other subject, either. History, literature, indeed all of the social sciences, must be purged of any reference to trans and gender diverse characters and people. As Penny Sharpe MLC interjected during Latham’s speech, this is book-banning writ large.

Trans and gender diverse students will have nowhere to turn for assistance. School counsellors, who are supposed to help all students, will be prohibited from even talking about gender identity issues with them.

Even sympathetic teachers will feel compelled to pretend that the trans and gender diverse kids in their classrooms, sitting right in front of them, do not exist. They will be encouraged to misgender and deadname them, or jeopardise their careers. They would likely be unable to intervene to stop transphobic bullying and harassment of these kids as well.

Because to acknowledge that trans and gender diverse kids exist would be to acknowledge that sex is different to gender, and that gender exists on a spectrum.

Tragically, the purging of all trans and gender diverse content from courses, the invisibilisation of trans and gender diverse kids themselves, and the removal of all support from teachers, counsellors and others, will inevitably lead to trans and gender diverse kids killing themselves.

But then that’s possibly the point. The Education Legislation Amendment (Parental Rights) Bill 2020 appears to be built on the ideology that it is better for a child to be dead than to be happy, well-adjusted and trans or gender diverse.

Before moving on, we should also highlight the serious problems this legislation will cause for trans and gender diverse employees. It seems likely that identification as non-binary will be prohibited – teachers, and other staff, would not be able to insist on the use of they/them pronouns, or other non-gendered language. They would be forced to deny who they are.

The situation for binary trans teachers and other staff would be nothing short of horrifying. If anyone in the school community, from students to other staff and even parents, became aware of their gender identity, and decided to weaponise it against them, they would be unable to defend themselves, because again to do so would be to affirm sex is not gender. They too would be powerless to stop themselves from being deadnamed and misgendered.

The attack on trans and gender diverse people, and especially trans and gender diverse kids, in this legislation is brutal. But other parts of the LGBTI community aren’t spared either.

That’s because the Bill also establishes a new framework in the Education Act 1990 (NSW) which restricts teaching around a wide range of issues. These are framed as ‘matters of parental primacy’, and defined as:

in relation to the education of children, moral and ethical standards, political and social values, and matters of personal wellbeing and identity including gender and sexuality.

It would then allow parents and guardians to remove their child from any course that even mentions sexuality (proposed section 17D) – meaning any class, from health and physical education, through any of the social sciences, which dares to state that lesbian, gay and bisexual people exist.

It would also compel schools to consult with parents and guardians at the start of each year about any course which includes anything to do with sexuality (proposed section 17E) and then attempt to teach that course consistently with ‘the moral and ethical standards and the political and social values of parents of students’ (proposed section 6(o)).

Of course, given it is impossible to teach any course consistent with the political and social values of all parents, and the significant administrative hurdles involved, most schools will simply jettison all courses that mention anything to do with same-sex attraction. Lesbian, gay and bisexual content will be purged just like trans and gender diverse information before it.

Even where schools do decide to include this information, proposed section 17B would intervene to limit its effectiveness:

17B Teaching to be non-ideological

In government schools,[i] the education is to consist of strictly non-ideological instruction in matters of parental primacy. The words non-ideological instruction are to be taken to include general teaching about matters of parental primacy as distinct from advocating or promoting dogmatic or polemical ideology.[ii]

The impact of this clause is potentially far-reaching. After all, if some parents believe homosexuality is ‘sinful’, then presumably it would be ‘ideological’ for a school to teach being lesbian, gay or bisexual is okay. And if some parents assert all sex outside marriage is prohibited, and that LGB people must be celibate, then it could be ‘ideological’ to provide safer sex education at all, but especially about non-heterosexual intercourse.

The use of the words ‘advocating or promoting’ is especially concerning. This provision is, in effect, an Australian equivalent of the UK’s notorious section 28, which was introduced by the Thatcher Government in 1988, and persisted until 2003 when it was finally repealed.

Section 28 of the Local Government Act 1988 (UK) stated that a local authority ‘shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality’ or ‘promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.’

The word ‘promotion’ was interpreted broadly, meaning many teachers and schools simply refused to discuss anything to do with same-sex attraction, lest they be accused of ‘promoting’ it. This clause caused a generation of same-sex attracted students to be abandoned, left alone, scared and confused, and without access to safer sex education at the height of the HIV epidemic.

Mark Latham’s section 17B would have the same chilling effect as section 28 – teachers, principals, counsellors and volunteers (including parents) would fear telling a struggling lesbian, gay or bisexual student that who they are is perfectly okay, because it could be seen as promoting an ‘ideological’ view.

While on first glance the provisions of the Education Legislation Amendment (Parental Rights) Bill 2020 which apply to sexuality appear to be less harsh than the more direct attack on trans and gender diverse kids, the outcome could nevertheless be the same – silence, invisibility and lack of support, leading to dead children.

Finally, it should be noted that the provisions of this Bill are damaging to intersex kids too.

The definition of ‘gender fluidity’, reproduced above, includes this phrase: ‘including people who are, by their chromosomes, male or female but are born with disorders of sexual differentiation’, which is presumably a reference to people born with intersex variations of sex characteristics.

Except intersex variations of sex characteristics are not *disorders*, and the use of this terminology is particularly destructive, reinforcing stereotypes that these differences are wrong and something to be ‘corrected’. This term therefore increases the stigmatisation of intersex children, and will lead to further unnecessary and harmful medical and surgical interventions – an ongoing human rights abuse that must be ended, not perpetuated.

Mark Latham’s Education Legislation Amendment (Parental Rights) Bill 2020 is a direct assault on all parts of the LGBTI community, and especially LGBTI children. Above all, it seeks to completely erase trans and gender diverse content, inclusion programs and counselling from every school in NSW – and thereby erase trans and gender diverse kids themselves.

That’s why, in my view, it is the most damaging attack on the LGBTI community this century. Worse than John Howard’s original ban on same-sex marriage. Worse than the Morrison Government’s proposed Religious Discrimination Bill (although it also has far-reaching negative consequences for LGBTI Australians). Worse even than Latham’s own Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020.

Because it is a calculated and deliberate campaign against the most vulnerable among us.

It is a transphobic (and homophobic, and biphobic, and intersexphobic) agenda that we must resist with all our resources.

Unfortunately, we are already off to a bad start, with the NSW Legislative Council also voting on Wednesday to refer this legislation to Portfolio Committee No. 3 – Education, for inquiry. For those who are not aware, the chair of that Committee is … Mark Latham himself.

Which means we will need to appeal directly to the other members of the Committee to reject his proposal:

  • Matthew Mason-Cox (LIB, Deputy Chair)
  • Anthony D’Adam (ALP)
  • Wes Fang (NAT)
  • Scott Farlow (LIB)
  • Courtney Houssos (ALP), and
  • David Shoebridge (GRNS).

Ultimately, and perhaps somewhat ironically, the debate surrounding a Bill which explicitly mentions ‘moral and ethical standards, political and social values’ is a test of character for the Members of the NSW Parliament.

The question is one for NSW Premier Gladys Berejiklian, and Opposition Leader Jodi McKay: do you stand with trans and gender diverse kids, and LGBTI kids generally, or do you support a Bill that purges LGBTI content from classes, removes support from teachers, counsellors and others, and renders LGBTI kids themselves invisible?

Most importantly, they must make their decision quickly, and rule out supporting the Education Legislation Amendment (Parental Rights) Bill 2020, before the inevitable toxic debate, inside and outside Parliament, led by Latham and backed by his cheerleaders in the right-wing media.

I stand with trans kids, and against Mark Latham. What about you Gladys and Jodi?

For LGBTI people, if this post has raised issues for you, please contact QLife on 1800 184 527, or via webchat: https://qlife.org.au/ or contact Lifeline Australia on 13 11 14.

8818836-3x2-940x627

Mark Latham’s Education Legislation Amendment (Parental Rights) Bill 2020 is a worse attack on the LGBTI community than John Howard’s 2004 ban on same-sex marriage.

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

Footnotes:

[i] Presumably, non-government schools will be able to be ‘ideological’ and provide instruction which condemns same-sex attraction.

[ii] Section 17B ends with: ‘For the avoidance of doubt, this section does not apply to special religious education provided under section 32 of this Act’, which leaves open the possibility that homophobic materials will be able to be distributed in special religious education in government schools.

Submission re NSW Curriculum Review Interim Report

Update 19 December 2020:

The NSW Curriculum Review Final Report was finally released in June 2020.

Unfortunately, instead of recommending any improvements to address the long-standing invisibility of LGBTI students and their needs in the NSW curriculum, the Review will likely further entrench this invisibility for years, or even decades, to come.

There is no mention of LGBTI issues in the NSW Curriculum Review Report’s entire 140 pages. Just as revealing as this exclusion is the fact the section on ‘[t]he changing student population’ on page 5 talks about different school systems (Government, private and religious), different geographic regions (regional, rural, remote, as well as Western Sydney), Aboriginal and Torres Strait Islander students, students from culturally and linguistically diverse backgrounds, and students with disability. But not students with diverse sexual orientations, gender identities or sex characteristics.

The key recommendation of the report is to: ‘Design new syllabuses for each subject, including subjects of the senior years, to reduce the volume of mandated content where appropriate and to prioritise the learning of core facts, concepts and principles’.

When our starting position is that the current NSW Personal Development, Health and Physical Education (PDHPE) curriculum does not compel teachers to even mention the basic fact that lesbian, gay, bisexual, transgender and intersex people exist, let alone provide LGBTI students with the basic information they need to be safe, it seems inevitable that LGBTI content will remain in the ‘non-core’ basket for the foreseeable future.

Unfortunately, the NSW Government Response to the Curriculum Review expresses support for this recommendation. And so, with the curriculum for each NSW subject set to be reviewed and redrafted, again, in the next 3-4 years, LGBTI students are set to be left behind once more. A disappointing outcome from a very disappointing review.

Original Post:

Thank you for the opportunity to provide this submission, in response to the NSW Curriculum Review Interim Report (Nurturing Wonder and Igniting Passion: Designs for a future school curriculum), released in October 2019.

I make this submission as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, and as someone who has consistently called for an inclusive national, and NSW, Personal Development, Health & Physical Education (PDHPE) syllabus.

In this context, I wish to express my disappointment with the Interim Review, which ignores the needs of LGBTI students, and potentially makes the introduction of a genuinely-inclusive PDHPE syllabus more difficult.

For example, in describing ‘the changing student population’ on page 5, the Review discusses the ‘size and diversity of today’s student population’, including highlighting metro versus regional, rural and remote, public versus religious/independent schools, Aboriginal and Torres Strait Islander students, students who speak a language other than English at home, and students with disability – but there is no mention of LGBTI students.

This absence continues throughout the rest of the document, including wherever there is a focus on meeting the needs of diverse students (such as the section on ‘an inclusive curriculum’ on pages 65-66: ‘within each school subject, the curriculum should be designed as far as possible to be inclusive of, and accessible to, every student’). In fact, LGBTI students, and related issues, do not appear once in the 116 pages of the Interim Report.

This exclusion is even more concerning in the context of ‘Reform Direction 1: Creating a less crowded curriculum’. While I understand there is some pushback on ‘overcrowded and overly prescriptive syllabuses [that] create pressure on teachers and schools’ (page 6 of the Interim Report Consultation Workbook), I am worried this proposal will in fact make schools less safe for LGBTI students.

For example, one comment highlighted in the Interim Report implies that a range of topics have been unnecessarily added to the curriculum, and should therefore be considered for removal, including ‘anxiety/depression, resiliency training, childhood obesity, road safety, water safety, Asian studies, healthy school canteens, bush fire safety awareness, languages, cyber safety and anti-bullying’ (page 27, emphasis added.)

Surely, anti-bullying, and attempting to create a safe environment for all students in which to learn, is actually a core requirement of each and every school?

But the bigger problem of Reform Direction 1 is that it proposes a ’15 to 20 per cent reduction’ in the content of each and every syllabus – when, as I submitted during its development, the current PDHPE syllabus excludes LGBTI students and content that is relevant to their needs, and consequently needs to have content added.

As I wrote at the beginning of 2019:[i]

*****

the new PDHPE curriculum is entirely unfit for the 21st century, contributing to the ongoing invisibility of lesbian, gay, bisexual, transgender and intersex (LGBTI) content, and therefore of LGBTI students.

This can be seen in a number of ways. The first, and perhaps most important, is in its use – or, more accurately, lack of use – of the terms lesbian, gay, bisexual, transgender and intersex themselves.

In the 138 pages of the syllabus, these words occur three times each. However, two out of these three appearances are found in the document’s glossary – with a definition of each term, and then as part of the broader definition of LGBTI people.

But teachers do not teach the glossary to their students. Instead, they are only required to teach the content for each year stage of the syllabus. And the terms lesbian, gay, bisexual, transgender and intersex can be found only once in the prescribed content, together on page 96:

‘investigate community health resources to evaluate how accessible they are for marginalised individuals and groups and propose changes to promote greater inclusiveness and accessibility eg people in rural and remote areas, lesbian, gay, bisexual, transgender and intersex people (LGBTI), people from culturally and linguistically diverse (CALD) backgrounds, people with disability.’

The problem with this is that LGBTI comes after ‘for example’ and therefore even referring to LGBTI people in this exercise is, on a prima facie reading, optional.

This issue – the status of content that appears after ‘eg’ in the syllabus – was raised, by myself and others, during the consultation process. The answer at the time was that whether this information was taught was at the discretion of the school and/or teacher. This appears to be confirmed in the consultation report, which states on page 18 that:

‘The content defines what students are expected to know and do as they work towards syllabus outcomes. Content examples clarify the intended learning. Teachers will make decisions about content regarding the sequence, emphasis and any adjustments required based on the needs, interests, abilities and prior learning of students.’

In practice, LGBTI people appear just once in the entire NSW PDHPE K-10 Syllabus, as part of an exercise about marginalised groups and inclusiveness, but schools and/or teachers can choose to remove even this most cursory of references.

This marginalisation, and exclusion, of LGBTI content and students is simply not good enough.

Another cause of the curriculum’s problems can be found if we return to the glossary, and inspect the definition of sexuality:

‘A central aspect of being human throughout life. It is influenced by an interaction of biological, psychological, social, economic, political, cultural, ethical, legal, historical, religious and spiritual factors. It is experienced and expressed in thoughts, feelings, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships.’

On a philosophical level, this is actually quite an inclusive and even progressive view of the complexity of human sexuality. But on a practical level, the absence of specificity in this definition undermines any obligation for schools and/or teachers to teach about real-world diversity of sexual orientation.

This lack of prescription means that, on page 96 – which is the only place in the general syllabus where ‘sexuality’ appears not following an ‘eg’ (and therefore is the only reference that isn’t optional) – content to ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’ does not necessarily include lesbian, gay or bisexual sexualities.

It is a similar story in terms of gender, with the glossary definition (‘Refers to the concepts of male and female as well as the socially constructed expectations about what is acceptable for males and females’) not particularly useful in ensuring students learn about the diversity of gender identities. There also do not appear to be any references to non-binary or gender diverse identities.

These definitions of sexuality and gender, and how they are employed throughout the syllabus, could be interpreted by some supportive schools and teachers to include lesbian, gay, bisexual and transgender subject matter. But there is absolutely nothing that ensures schools and/or teachers must teach this content.

This erasure, or invisibilisation, of LGBTI people in the NSW PDHPE K-10 Syllabus is nothing short of homophobic, biphobic, transphobic and intersexphobic.

Which makes it somewhat ironic then that there are more references to homophobia and transphobia in its content than there are to LGBTI people.

On page 77: ‘describe forms of bullying, harassment, abuse, neglect, discrimination and violence and the impact they have on health, safety and wellbeing, eg family and domestic violence, homophobic and transphobic bullying, racism, cyberbullying, discrimination against people with disability.’

And on page 88: ‘propose protective strategies for a range of neglect and abuse situations, eg family and domestic violence, bullying, harassment, homophobia, transphobia and vilification.’

Although note of course that both times homophobia and transphobia appear after an ‘eg’, meaning whether they are taught in these contexts remains optional (and obviously neither of these sections explicitly refers to biphobia or intersexphobia either).

Another major problem with the new NSW PDHPE K-10 Syllabus is its approach to sexual health.

There are only two compulsory references to sexual health in the content of the syllabus, one of which we have already seen (on page 96: ‘explore external influences on sexuality and sexual health behaviours and recognise the impact these can have on their own and others’ health, safety and wellbeing’).

The other reference, on page 95, describes ‘identify methods of contraception and evaluate the extent to which safe sexual health practices allow people to take responsibility for managing their own sexual health.’

There are two problems with this statement. First, it puts the emphasis on ‘contraception’ when sexual health, and LGBTI sexual health especially, is a much broader concept. Second, it does not specifically mandate that schools and teachers instruct students about sexually transmissible infections (STIs).

In fact, quite astoundingly, the only reference to STIs in the general syllabus, on page 84 (‘identify and plan preventive health practices and behaviours that assist in protection against disease, eg blood-borne viruses, sexually transmissible infections’) makes teaching about them optional. The only time the term HIV even appears in the entire document is in the glossary.

In terms of STI-prevention, it seems the NSW PDHPE syllabus has actually gone backwards from the previous 2003 document, which at least prescribed that students learn about:

‘sexual health

-acknowledging and understanding sexual feelings

-expectations of males and females

-rights and responsibilities in sexual relationships

-sexually transmitted infections, blood-borne viruses and HIV/AIDS’ as well as to

‘identify behaviours that assist in preventing STIs, BBVs and HIV/AIDS and explore the interrelationship with drug use.’

The aim of the PDHPE K-10 Syllabus is explained on page 12 of the document:

‘The study of PDHPE in K-10 aims to enable students to develop the knowledge, understanding, skills, values and attitudes required to lead and promote healthy, safe and active lives.’

Unfortunately, the more than 100 pages of the new syllabus which follow that statement make clear that it does not, and cannot, promote healthy, safe and active lives for lesbian, gay, bisexual, transgender and intersex students. After all, it is impossible for students to learn everything they need to be safe when they cannot see themselves in the curriculum.

*****

Hopefully, this summary of the problems of the existing PDHPE syllabus explains why I am so reluctant to embrace any call for curriculum content to be reduced, given LGBTI content is invisible to begin with and instead should be increased.

The final issue I wish to address is ‘Reform Direction 13: Introducing a major project’, and in particular the proposal that this project – which would apparently contribute a significant proportion to a student’s final school results – be undertaken by working in teams.

I believe requiring students to work together in teams in this way is only possible where schools are safe learning environments for everyone – and that NSW schools, both government and non-government, currently are not safe for lesbian, gay, bisexual, transgender and intersex students.

This is not just because of the exclusion of LGBTI issues from the PDHPE syllabus (although that is obviously a contributing factor), but also because of high rates of homophobic, biphobic and transphobic bullying – which has been exacerbated by the Government’s decision to axe the Safe Schools program which was specifically designed to address these issues.

LGBTI students in non-government schools are especially vulnerable given the exceptions in the Anti-Discrimination Act 1977 (NSW), allowing all private schools and colleges (whether they are religious or not), to discriminate against and expel LGBTI kids.

It is perhaps ironic that the Interim Report states on page 45 that:

studies have highlighted the importance of inclusive, supportive environments in which all learners’ backgrounds, strengths and starting points are recognised and welcomed, strong relationships are built, and collaborative learning (including project-based and problem-based learning) is encouraged.

The reality is that too many LGBTI students, in too many NSW schools, do not enjoy ‘inclusive, supportive environments’ in which they are ‘recognised and welcomed’. Unless and until this is fixed, then any proposal for a team-based major project in the final years of the NSW curriculum should be abandoned.

Thank you for taking this submission into consideration. Please do not hesitate to contact me at the details provided should you require additional information.

Sincerely

Alastair Lawrie

There's no place for discrimination in the classroom-6

Every student has the right to be safe, and to learn about themselves, in every school. The NSW Curriculum Review Interim Report could take us further away from that goal than ever.

Footnotes:

[i] Invisibility in the Curriculum, 23 January 2019.

The Religious Discrimination Debate is a Test for the States and Territories

The Religious Discrimination Bill, released in late August by Attorney-General Christian Porter, would be the biggest reform to anti-discrimination law in Australia in at least 15 years, since the passage of the Age Discrimination Act 2004.

 

In fact, it is potentially the most radical change to our federal anti-discrimination system since, well, the beginnings of anti-discrimination law in this country.

 

That’s because it fundamentally undermines one of the key concepts of this framework: concurrent Commonwealth, and State/Territory, jurisdictions.

 

Since the passage of the Commonwealth Racial Discrimination Act 1975, NSW Anti-Discrimination Act 1977, and similar laws elsewhere, these laws have operated effectively alongside each other, without directly interfering with each other.

 

Where conduct was prohibited under laws at both levels, the victims of such discrimination were able to choose where to lodge their complaint. Successive Commonwealth Governments haven’t sought to cover the field, or explicitly override the provisions of State and Territory anti-discrimination laws.

 

But this is no longer the case. The Religious Discrimination Bill dramatically, and unprecedentedly, upsets Australia’s anti-discrimination applecart.

 

Section 41 provides that ‘statements of belief’ do not constitute discrimination for the purposes of any anti-discrimination law – including each of the Racial, Sex, Disability and Age Discrimination Acts at Commonwealth level, and all equivalent state and territory laws.

 

The Apple Isle has even more to lose than the others – with section 17(1) of their Anti-Discrimination Act 1998 singled out by name as being specifically overruled.

 

This is undoubtedly because it offers the most effective form of protection against conduct that ‘offends, humiliates, intimidates, insults or ridicules’ a wide range of groups, including LGBTI people, women, single parents, people in de facto relationships, divorced people and people with disability, among others.

 

But all State and Territory Governments should be alert and alarmed at this unwanted and unwarranted intrusion, not least because of the proposal that the Commonwealth Attorney-General be allowed to override even more laws by future regulation, without needing the approval of federal Parliament (and with Senate numbers making it extremely difficult for these regulations to be disallowed).

 

It is not just the principle of federalism that is offended by this hostile takeover. It is the fact the Religious Discrimination Bill makes it easier to offend the rights of vulnerable groups in each and every Australian jurisdiction that makes its contents so disturbing.

 

This makes the current religious discrimination debate a major test for State and Territory Governments around the country. Will they stand up to the Commonwealth Government’s decision to undermine their anti-discrimination laws?

 

More importantly, will they stand up for the communities in their respective states and territories – LGBTI people, women, single parents, people in de facto relationships, divorced people and people with disability – who stand to lose the most as a consequence of the Religious Discrimination Bill?

 

There is another, related challenge for State and Territory Governments from these developments. At the same time as the Attorney-General was releasing his exposure draft Bill, the reporting date for the Australian Law Reform Commission’s review of ‘religious exceptions’ was pushed back to December 2020.

 

This is the inquiry that was established earlier this year to examine whether provisions which allow religious schools to discriminate against LGBT students, and teachers, should be amended, or repealed entirely.

 

The delay means any legislation arising from this inquiry will likely not be passed until the second half of 2021 – and therefore won’t be in place until the 2022 school year at the earliest.

 

This is incredibly disappointing given Prime Minister Scott Morrison’s broken promise, in October 2018, that he would ensure LGBT students were protected before the end of last year. Effectively, this will now be delayed by more than three years.

 

The contrast with the Religious Discrimination Bill is also revealing. On one hand, the Morrison Government wants to pass a stand-alone Religious Discrimination Bill before the end of this year – a substantial, and radical, change to our federal anti-discrimination regime, with just one month of public consultation.

 

On the other, it refuses to make what are modest, straight-forward changes to protect LGBT students and teachers in religious schools for several years. It has decided to vacate that field, and consequently to vacate their responsibilities to vulnerable kids.

 

In the meantime, LGBT students and teachers will continue to be subject to abuse and mistreatment, simply on the basis of who they are, in schoolyards, classrooms and staff-rooms around the country.

 

And so it is now up to State and Territory Governments to show the leadership that the Commonwealth Government won’t. For NSW, Victoria, South Australia and Western Australia to pass urgent changes to protect LGBT students. And for all jurisdictions other than Tasmania and the ACT to cover LGBT teachers.

 

Because all kids deserve to grow and learn in a safe environment. And they don’t deserve to wait until 2022 to know what that feels like.

 

Berejiklian Andrews RD Bill

NSW Premier Gladys Berejiklian at Sydney Gay & Lesbian Mardi Gras, and Victorian Premier Daniel Andrews at Midsumma. Will they stand up against the Religious Discrimination Bill which will make it easier to discriminate against LGBTI people in their respective states?

 

If you have enjoyed reading this article, please consider subscribing to receive future posts, via the right-hand scroll bar on the desktop version of this blog or near the bottom of the page on mobile. You can also follow me on twitter @alawriedejesus

The Right to Learn

The right to education is one of the most fundamental of all human rights.

 

This is both because education has incredible intrinsic value, and because of the significant consequences it can have on an individual’s life outcomes, from employment to health, housing and justice, as well as the ability to fully participate in society.

 

The community also has a collective interest in ensuring that all of its members are able to access the right to learn. Why then does Australia allow ongoing inequality in the enjoyment of this important right?

 

I could be talking here about the gross disparity in educational outcomes for Indigenous Australians compared to their non-Indigenous counterparts (with the latest Closing the Gap report showing that Governments are not on track to meet commitments for school attendance, and literacy and numeracy).

 

I could also be talking about the completely disproportionate levels of funding provided by the Commonwealth to private schools over public schools, with ACARA estimating that the Commonwealth Government allocated $8,053 for every private school student compared to just $2,645 per public school student in 2016-17. (Apparently some students are worth more than others.)

 

Instead, for the purposes of this article, I will focus on the fact that cisgender heterosexual students are better able to exercise their right to learn than lesbian, gay, bisexual and transgender (LGBT) students.

 

This is because cisgender heterosexual students in Australia are free to enjoy the right to education without fear of discrimination simply on the basis of these attributes. Unfortunately, the same is not true for far too many LGBT students around the country.

 

That is because the anti-discrimination laws of several Australian jurisdictions allow religious schools to lawfully discriminate against students on the basis of their sexual orientation and gender identity. This includes:

 

The Commonwealth Sex Discrimination Act 1984

 

The NSW Anti-Discrimination Act 1977 (which in fact allows all private schools and colleges to discriminate on the basis of homosexuality, and transgender, even where the school is not religious)

 

The Victorian Equal Opportunity Act 2010

 

The Western Australian Equality Opportunity Act 1984, and

 

The South Australian Equal Opportunity Act 1984 (although for South Australia the legal situation is not entirely certain).

 

On the other hand, LGBT students are legally protected against discrimination at religious schools in Queensland, Tasmania, the ACT and the Northern Territory [for a complete summary of the situation nationally see: Back to School, Back to Discrimination for LGBT Students and Teachers].

 

However, we should not allow this conversation to be dominated by dry legal analysis, when it is the discrimination these laws permit that we should highlight.

 

For example, these were just some of the responses to my 2017 survey looking at The State of Homophobia, Biphobia and Transphobia in Australia:

 

“I was given detention and threatened with suspension for revealing I was attracted to girls at a Christian high school. I was forced to endure hands-on prayer to rid me of the homosexual demons.”

 

“I was at a Christian private school in north Sydney, we had lessons in religion that focused on why being gay is wrong and how you can change.”

 

“My friend goes to a Catholic school and is bisexual. Her music teacher gives her shit about being bisexual and says that she is sinning and she will be going to hell.”

 

I also know from bitter personal experience just how toxic these environments can be, having (barely) survived five years at a religious boarding school in Queensland in the early 1990s.

 

As these accounts demonstrate, the discrimination LGBT students endure at the hands of religious schools concerns far more than simply admission, or expulsion – instead, it is more insidious, and effects every moment of every school day.

 

The fact this prejudice is legally allowed in several Australian jurisdictions is almost unbelievable – and totally unacceptable.

 

Students should be focused on studying for their exams, not studying how to conceal their sexual orientation or gender identity.

 

Students should be worrying about whether the person they ask to take to the formal says yes, not worrying that they will be suspended because their date is the same gender they are.

 

Students should be doing what most teenagers do – complaining about their school uniform – not fearing punishment for wearing the uniform that matches their gender identity.

 

Students should be learning what they need to stay safe in their health and physical education, and sex-ed, classes, not being made to feel invisible and forced to pick up bits and pieces from far less reliable sources.

 

Students who experience homophobic, biphobic or transphobic bullying should be able to have confidence that their school will be on their side, not wondering whether they will be the ones disciplined instead simply because they are LGBT.

 

Students should be thinking about what they would like to do after they finish their education, not contemplating whether they will even survive it.

 

Above all, students should be given the gift of curiosity about the world around them, not taught that the world hates them because of who they are.

 

These are just some of the ways in which lesbian, gay, bisexual and transgender students are currently denied the same right to learn that their cisgender heterosexual equivalents enjoy.

 

It is a situation that has been created by the actions of politicians – and has been allowed to persist because of their inaction.

 

That includes Prime Minister Scott Morrison’s broken promise, made in October last year, to protect LGBT students in religious schools against discrimination by amending the Sex Discrimination Act before the end of 2018.

 

Instead, we now have an Australian Law Reform Commission inquiry into religious exceptions that won’t report until April 2020, and a re-elected Liberal-National Government that likely won’t do anything until the second half of next year (at the earliest).

 

This is simply not good enough. We must remind them of that fact every single day until they act – because LGBT students will be discriminated against every single day until they do.

 

We must also pressure the state governments of NSW, Victoria, Western Australia and South Australia to fix their own broken laws. There is no possible excuse any of them could proffer that would justify allowing this mistreatment to continue.

 

Because reading is fundamental, as is writing, arithmetic, and all of the other essential skills that are imparted by teachers today. And all students deserve access to them, irrespective of who they are.

 

Education is a human right that must be provided to everyone equally, without discrimination on the basis of sexual orientation or gender identity. That currently isn’t the case in Australia. It’s something we must change for the sake of LGBT students now, and for the generations yet to come.

 

The right to learn

All students have an equal right to education, including LGBT students.

What ever happened to protecting LGBT students against discrimination? An explainer.

In the last 18 months, anti-discrimination law reform has been the subject of considerable public attention.

 

Following the Ruddock Religious Freedom Review, and including multiple Senate inquiries, hopes had been raised that lesbian, gay, bisexual and transgender (LGBT) students might finally be protected against discrimination by religious schools under Commonwealth law.

 

So far, those hopes have been dashed. Despite promising to do so, the Morrison Liberal-National Government failed to pass any changes to the Sex Discrimination Act 1984 (Cth) to repeal or limit the exceptions that allow religious schools to discriminate against LGBT kids prior to the election being called.

 

In this article, I will attempt to explain how we got here (including where things stand now), who is to blame and what will likely happen from here.

 

How did we get here?

 

In November 2017, then-Prime Minister Malcolm Turnbull referred the issue of whether Commonwealth law adequately protects religious freedom to a panel headed by former Liberal Attorney-General Philip Ruddock.

 

This was to appease conservatives within his Government who were seeking to amend Senator Dean Smith’s flawed Marriage Amendment (Definition and Religious Freedoms) Bill 2017 to include even more religious exceptions than it already did.

 

The Ruddock Review investigated a wide range of issues, including religious exceptions to LGBTI anti-discrimination laws, before handing its report to Turnbull in May 2018 – which the Liberal-National Government then sat on.

 

In October 2018, the Sydney Morning Herald published the leaked recommendations of the Review, focusing on proposals to clarify the existing right of religious schools to discriminate against, and expel, LGBT students.

 

This prompted significant public outcry, including from many parents who had no idea that religious schools, funded by enormous amounts of taxpayers’ money, could lawfully mistreat vulnerable kids in such an abhorrent and appalling way.

 

New Prime Minister Scott Morrison responded by saying his Government would amend the Sex Discrimination Act to prohibit discrimination against LGBT students before the end of the year (2018). It is probably also useful to remember he did this in the context of the lead-up to the Wentworth by-election, which the Government feared losing to a backlash from moderate voters (narrator: they did).

 

The Greens introduced their own Bill to the Senate – the Discrimination Free Schools Bill 2018 – that sought to protect both LGBT students and teachers in religious schools. That was then the catalyst for the first Senate inquiry, looking at ‘Legislative exemptions that allow faith-based educational institutions to discriminate against students, teachers and staff’.

 

That Committee reported in late November, recommending that “the Australian Government amend section 37 and remove subsection 38(3) of the Sex Discrimination Act 1984, and amend any other relevant legislative provisions, to prohibit discrimination against students on the grounds of the protected attributes in the Act” [Recommendation 3].

 

This report was immediately followed by Labor introducing their own Bill, the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018. As the name suggests, its sole focus was on removing discrimination against students, in line with what Morrison had promised in October.

 

However, instead of passing it as he had committed, the Senate referred this Bill off to a second inquiry over the summer break – meaning LGBT students would not be protected for the start of the 2019 school year.

 

In the meantime, the Government finally released the Ruddock Religious Freedom Review in full, in December 2018 (after sitting on it for almost seven months).

 

Morrison and Attorney-General Christian Porter simultaneously provided the Government’s response, in which they abandoned the earlier, explicit promise to protect LGBT students at religious schools, instead committing to send the entire issue of religious exceptions in Commonwealth, state and territory anti-discrimination laws to the Australian Law Reform Commission (ALRC) for yet another review.

 

It was therefore unsurprising when, in February 2019, the Government-dominated Senate Committee inquiring into Labor’s Bill recommended that not only should Labor’s Bill not be passed, but that “the bill, circulated amendments and all relevant matters be referred to the Australian Law Reform Commission for full and proper consideration.”

 

Given the Liberal-National Government’s ongoing opposition to legislation addressing this issue, that meant no amendments to the Sex Discrimination Act 1984 were passed in February or March.

 

Instead, on Wednesday 10 April 2019 – less than 24 hours before the election was called – Attorney-General Porter announced he had referred the issue of religious exceptions to the ALRC for an inquiry lasting 12 months, not reporting back until 10 April 2020.

 

Where do things stand now?

 

Despite the flurry of activity on this issue over the past 18 months, and the past six months in particular, the legal situation now is unchanged:

 

Under the Sex Discrimination Act 1984 (Cth), religious schools are legally permitted to discriminate against, and expel, lesbian, gay, bisexual and transgender students on the basis of who they are.

 

They are also free to fire, and refuse to hire, LGBT teachers and other staff, despite the significant amount of taxpayers’ money used to pay their salaries.

 

This is obviously incredibly disappointing, especially given the supposed bipartisan commitments to address this issue made late last year. Which prompts the equally-obvious question:

 

Who is to blame?

 

While responsibility for major #auspol policy failures like this can usually be shared around, the blame for the lack of action in this particular area lies squarely at the feet of the Morrison Liberal-National Government.

 

The have failed to progress anti-discrimination law reform in four key ways:

 

  1. The Morrison Liberal-National Government refused to introduce its own Bill to protect LGBT students

 

Despite Prime Minister Morrison’s October 2018 commitment to introduce and pass amendments to the Sex Discrimination Act to protect LGBT students before the end of the year, his Government never actually introduced its own Bill to make these changes. Which, you’d have to admit, makes it extremely difficult to actually pass anything.

 

Indeed, if the Liberal-National Government was ‘fair dinkum’ about fulfilling its promise, it would have at least tried to move its own legislation on this issue. With a Prime Minister who is quite fond of saying ‘if you have a go, you get a go’, his Government didn’t bother to have a go at changing this law – meaning LGBT students don’t get a go at learning in a discrimination-free environment.

 

  1. The Morrison Liberal-National Government sought to introduce new powers to discriminate

 

As noted above, the Labor Opposition and Greens both introduced their own Bills to protect LGBT students, and LGBT students and teachers, respectively. The Labor Bill in particular was subject to Senate debate in late 2018, before being referred to the second Committee inquiry.

 

During this debate, the Liberal-National Government introduced amendments that would ensure that, even if religious schools lost their specific exception in section 38(3) of the Sex Discrimination Act, they would continue to be able to discriminate under the general religious exception in section 37(1)(d) [Government amendment KQ147].

 

They also sought to expand the reasonableness test for indirect discrimination to include consideration of whether any “condition, requirement or practice is imposed, or proposed to be imposed, in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed” [Government amendments KQ148, 150 and 151]. This would have effectively expanded rather than restricted the range of groups who could be discriminated against because of religious beliefs to include intersex students as well (among others).

 

Finally, the Government wanted to allow religious schools to discriminate against LGBTI students if it was part of teaching activity (broadly defined to capture “any kind of instruction of a student by a person employed or otherwise engaged by an educational institution”) as long as it was done “in good faith in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed” [Government amendment KQ149].

 

If any or all of the Morrison Government’s amendments had been passed, it would have meant religious schools could have continued to discriminate against LGBT students – it just would have been done under different sections of the Act.

 

  1. The Morrison Liberal-National Government tried to limit changes to preventing expulsion only

 

Another way in which the Government undermined anti-discrimination law reform was by narrowing its scope to preventing religious schools from expelling or refusing to enrol LGBT students, while continuing to allow them to discriminate against, and mistreat, vulnerable kids in other ways.

 

This approach formed part of Prime Minister Morrison’s early rhetoric following the leaking of the Ruddock Review Recommendations in October 2018, as he focused on expulsion: “I don’t think if someone’s at a school they should be kicked out because they have a different sexuality to what might be believed to be the appropriate thing by a particular religious group” [emphasis added].

 

While subsequent debate seemed to broaden to cover all forms of discrimination against LGBT students, in February 2019 Government Senators once again tried to limit the reforms to preventing expulsion only, with The Australian reporting Government members of the Senate Committee sought a deal with the Opposition on this issue (‘ALP stops bid to protect gay kids’, The Australian, 19 February 2019).

 

Thankfully, the Opposition rejected this narrow approach. This is important because there are many different ways in which religious schools can discriminate against LGBT kids, without necessarily expelling them, and they are all harmful (see, for example, my own story here: The longest five years’ ).

 

Only removing the power to expel, while allowing schools to mistreat students in myriad other ways, would have been completely inadequate and inappropriate.

 

  1. The Morrison Liberal-National Government has done everything in its power to delay reform

 

There is absolutely no reason why the Commonwealth Government, and Parliament, could not have passed reforms to the Sex Discrimination Act, protecting LGBT students, before the end of 2018.

 

How can I say that so confidently? Because the ACT Government did exactly that, passing it owns reforms – based on the best practice Tasmanian Anti-Discrimination Act 1998 – between the leaking of the Ruddock Review Recommendations in October and the end of the year. These reforms, which protect both LGBT students and teachers, will commence by 6 June 2019 at the latest.

 

Instead, at Commonwealth level, we have had Labor and Greens Bills, and two Senate inquiries, but no Government legislation and no change to the law.

 

Even worse, we now have a reference to the ALRC that won’t report on the issue until 10 April 2020, meaning any Bill arising from it will likely not be debated until the second half of next year. Consequently, any reforms to protect LGBT students wouldn’t take effect until the start of 2021 – at the earliest.

 

Christian Porter

Attorney-General Christian Porter

 

It is clear, from these four arguments, that the Morrison Liberal-National Government is responsible for the fact LGBT students are still not protected against discrimination as we start the federal election campaign.

 

What people may not be aware of is that they are also responsible for two major threats to LGBT anti-discrimination laws in the near future.

 

The first is the ALRC inquiry itself. Its terms of reference includes the following:

 

consideration of what reforms to relevant anti-discrimination laws, the Fair Work Act 2009 (Cth) and any other Australia law should be made in order to:

  • limit or remove altogether (if practicable) religious exemptions to prohibitions on discrimination, while also guaranteeing the right of religious institutions to conduct their affairs in a way consistent with their religious ethos; and
  • remove any legal impediments to the expression of a view of marriage as it was defined in the Marriage Act 1961 (Cth) before it was amended by the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth), whether such impediments are imposed by a provision analogous to section 18C of the Racial Discrimination Act 1975 (Cth) or otherwise.

 

Now, some people might see the first dot point, and specifically the reference to limiting or removing religious exemptions, as encouraging. And it could be – except that this is also what religious fundamentalist organisations, such as the Australian Christian Lobby, also want (for example, the ACL’s own submission to the Ruddock Review stated that ‘State and Commonwealth Anti-Discrimination laws establish an unhelpful and incomplete framework of religious exemptions which inadequately balance the right of religious freedom against the right to non-discrimination’ before recommending ‘that existing exemptions in anti-discrimination law re reframed as ‘general limitations clauses’).

 

The remainder of that clause – ‘while also guaranteeing the right of religious institutions to conduct their affairs in a way consistent with their religious ethos’ – is where the danger lies. Namely, religious exceptions may simply be replaced by the introduction of positively-framed rights to discriminate against LGBT people.

 

The second dot point is just as problematic. Despite the fact there is limited, or no, evidence that people expressing discriminatory views of marriage are suffering real-world adverse consequences, the ALRC is supposed to give significant attention to ‘protecting’ them.

 

This includes undermining the best practice LGBTI anti-vilification laws found in the Tasmanian Anti-Discrimination Act 1998 (which are equivalent to section 18C of the Racial Discrimination Act, and the primary reason why the RDA has been raised in this context) [For a comparison of LGBTI anti-discrimination and anti-vilification laws, click here].

 

The second threat comes from another part of the Morrison Liberal-National Government’s response to the Ruddock Religious Freedom Review: its commitment to introduce a Religious Discrimination Bill.

 

Once again, this should be a positive development. Most people interested in human rights, including myself, support the inclusion of religious belief or lack of belief as a protected attribute in anti-discrimination law in jurisdictions where it is not currently protected (specifically, the Commonwealth, New South Wales and South Australia). This will help ensure religious minorities are protected against discrimination in education, employment and service delivery.

 

On the other hand, a Religious Discrimination Bill could become a vehicle to include positively-framed rights for religious individuals and organisations to discriminate against others, becoming a stealth ‘Religious Freedom Bill’, in the same way that some Liberal-National MPs and Senators tried to turn a same-sex marriage bill into anti-LGBTI equality legislation.

 

The truth is we will not know which option, good or bad, the Government is pursuing until we see the text of the Bill itself. Which is why Attorney-General Porter’s announcement that the Religious Discrimination Bill would not be released until after the election is so worrying (‘Religious freedom bill fails to meet election deadline’, The Australian, 10 April 2019).

 

Despite saying in December at the release of the Ruddock Religious Freedom Review that “the Religious Discrimination Bill, which we are well-advanced on the drafting of and which we would have out early next year, so that people can see it”, LGBTI Australians will now be kept in the dark on a key new law that could have a significant impact on our rights (although it is probably safe to assume major religious organisations have been consulted on its drafting).

 

Not only has the Morrison Liberal-National Government stopped laws to protect LGBT students against discrimination from passing during the 45th Parliament, they have already started two processes (the ALRC Inquiry, and the Religious Discrimination Bill) that could see LGBT rights go backwards in the 46th.

 

What about the other parties?

 

The Labor Party has largely been supportive of LGBTI rights throughout this (sometimes convoluted, but consistently frustrating) process.

 

As discussed earlier, they introduced the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 that does just what it says on the box. They have been very clear they will protect LGBT students in religious schools against discrimination if they are elected next month.

 

However, the ALP has been somewhat less clear in terms of their plans for teachers. While committing to remove the exceptions that allow religious schools to fire, and refuse to hire, LGBT teachers and other staff, they have also made vague comments about introducing amendments to ensure religious schools can continue to impose their ‘ethos and values’. Bill Shorten and the Labor Party need to outline exactly what they intend to do on this issue, before the election.

 

[Update 11 May 2019: While Labor have reiterated their intention to protect LGBT teachers and other staff, they have still not clarified the scope of any amendments to protect the ‘ethos and values’ of the school. More concerningly, they have indicated they will wait for the ALRC to conduct its inquiry into religious exceptions before protecting LGBT students or teachers. This is unacceptable – students deserve to be protected as quickly as possible, and there is a Bill ready and waiting to be reintroduced. It should be one of the first items of business of a new parliament.]

 

The Greens are obviously supportive of removing exceptions that allow discrimination against both LGBT students and teachers. They have also indicated that religious exceptions should be removed in other areas (including health and community services), as well as in the Fair Work Act 2009 (Cth).

 

In terms of the minor parties, the right-wing fringe groups (including Pauline Hanson’s One Nation, Cory Bernardi’s Australian Conservatives and the racist Senator who shall not be named) are exactly as homophobic and transphobic as you would expect, and don’t deserve our attention.

 

However, one minor party earns a special mention – although not for reasons they would appreciate. That is because the Centre Alliance (the renamed Nick Xenophon Team) supported some of the Government’s amendments that, in practice, would have permitted religious schools to discriminate against LGBT students. In fact, the position of the Centre Alliance is the reason that Labor’s Sex Discrimination Amendment (Removing Discrimination Against Students) Bill could not at least pass the Senate in late 2018.

 

What happens next?

 

The outcome of the federal election on Saturday 18 May will determine what happens next in terms of anti-discrimination law reform.

 

If the Morrison Government is returned, it is unclear whether LGBT students will be protected, and if so what that change would look like. Even if they remove the specific religious exceptions in the Sex Discrimination Act, it is highly likely they will simply replace them with new, positively-framed rights for religious organisations to discriminate against LGBT people, including in education.

 

Any reforms under a re-elected Liberal-National Government will also be delayed until at least the second half of 2020 (after the ALRC has completed its inquiry), meaning LGBT students in religious schools will be exposed to discrimination until at least 2021.

 

And, as discussed above, both the ALRC inquiry itself, and the imminent (although still secret) Religious Discrimination Bill, could see LGBTI rights actually go backwards under a 2nd term Morrison Government.

 

If the Labor Party is elected, on the other hand, it is highly likely that LGBT students will be protected against discrimination as a matter of priority. It is also probable that LGBT teachers and other staff will be protected in some form – although it will be up to LGBTI organisations to push them to make sure any such changes are as straight-forward as possible, and not undermined by ‘ethos and values’-style amendments (an increased Greens presence in the Senate would also assist in this respect).

 

Nevertheless, we must remember that the only thing in this area that is guaranteed to happen, every school day of this election campaign – and for months, and possibly years, afterwards – is that too many LGBT students will attend a school where they can be lawfully discriminated against.

 

And the primary reason is that Prime Minister Scott Morrison broke his promise, made just six months ago, to do something about it.

 

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Disclaimer: As with all posts, this article reflects my own views and not those of any employer, past or present.

 

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