Saving Safe Schools

Safe Schools is, simultaneously, one of the simplest policy issues in Australia, and one of the most complex.

 

Simple, because it is an effective, evidence-based program aimed at reducing bullying of one of the most vulnerable groups in our society: young lesbian, gay, bisexual, transgender and intersex (LGBTI) people. Surely, supporting this group, and lowering the disproportionate rates of social exclusion, and mental health issues, that they experience, should be straightforward?

 

Complex, because – well, have you listened to (most) Liberal and National politicians over the past few years? Did you read The Australian newspaper in 2016? [*Neither is recommended of course, but if you did you would have heard and seen a barrage of criticism of this initiative addressing anti-LGBTI bullying]

 

This little program became the focal point of one of the biggest culture wars in our recent history, such that among right-wing circles even the name Safe Schools has itself become toxic, synonymous with all manner of imagined problems.

 

It is hard to remember that, at the federal level, Safe Schools was initially the epitome of bipartisanship – announced and funded by the then Rudd Labor Government before the 2013 election, before being launched under the Abbott Coalition Government in mid-2014.

 

How did we get from there, to wherever the hell it is we are now? I’m not proposing to rehash that depressing history – instead, I would strongly suggest you read the excellent Quarterly Essay ‘Moral Panic 101: Equality, acceptance and the Safe Schools scandal’ by Benjamin Law.

 

However, I am interested in the why – why did a simple and straight-forward program aimed at reducing homophobia, biphobia, transphobia and intersexphobia in schools provoke such an angry response from so-called conservatives around the country?

 

Part of the explanation can be found in the response of one of the program’s greatest advocates, Victorian Premier Daniel Andrews, to the decision by the then Turnbull Liberal National Government to ‘review’ the program in early 2016. From his Facebook post:

 

“Schools have to be a safe place for every kid – no exceptions.

Teachers have to be given the tools to deal with every situation – no excuses.

And there is absolutely nothing wrong with this effective little program, which achieves the above two aims and nothing more.

But let’s be honest here: I don’t think these extreme Liberals are actually offended by the structure of the program, or the teachers who lead it.

I just think they’re offended by the kids who need it.

They don’t like the fact that some young people might be different.

And I’m sick of it.

I’m sick of Liberal politicians telling our kids that there’s something wrong with them – when there isn’t.

I’m sick of Liberal politicians trying to push us all back, whenever we all take a few steps forward.

Cory Bernadi [sic] says teenagers are too young to know about love and care and acceptance.

Well, I can assure you, Senator: they know a whole lot more than you.”

 

This offence – at the fact LGBTI kids exist – was so great that, even though the independent review found the program to be effective, age-appropriate and consistent with the curriculum, they axed it anyway. The NSW Liberal National Government, and other conservative administrations around the country, quickly followed suit.

 

But while the offence of Liberal politicians that LGBTI kids have the temerity to exist might be part of the explanation for Safes Schools’ axing, it is by no means a complete explanation.

 

One perhaps even more important contributing factor is discussed in Benjamin Law’s Quarterly Essay, in response to the changes by then Education Minister Simon Birmingham that “schools must now obtain the approval of parent bodies to train teachers [in Safe Schools], and before any lessons are taught.”

 

As Paul Thoemke is quoted on page 57/58 in relation to trans children: “This may be the most politically unsavvy thing I can say. But I sometimes think the greatest risk for these kids is their families… Family life can be awful for a homosexual child, too. Youth who come out meet with parental grief, confusion, denial, or rage so hot that, for everyone involved, the prospect of the child eating from dumpsters or sleeping under bridges may be preferable to coexisting with them under the same roof.”

 

This really is the crux of the debate. Some parents are so homophobic, biphobic, transphobic or intersexphobic (often all four) that they would prefer LGBTI children to be in a wooden box rather than sitting at a wooden desk in a safe and supportive classroom. And not ‘just’ their own children, but all LGBTI kids.

 

Of course, the majority of parents do not see this issue in this warped way. They, like the LGBTI community itself, want to see all children have the ability to live their best lives.

 

Indeed, one of the features of this debate is that it is the LGBTI community and its allies who are arguing for the best interests of kids, while our opponents, who have long (falsely) railed against us with the ‘Won’t somebody please think of the children?’ mantra in the name of ‘traditional family values’, that are acting in the interests of intolerant adults.

 

Unfortunately, in 2016 the Turnbull Liberal-National Government listened to the hateful minority, followed by a number of states and territories.

 

As a result, in early 2019, the Safe Schools program is only functional in Victoria, the ACT (called the Safe and Inclusive Schools Initiative), Western Australia (called the Inclusive Education Program) and the Northern Territory.

 

It has been replaced by general, and generic, ‘anti-bullying programs’ in NSW, Tasmania and South Australia (disappointingly the Queensland Labor Government has never fully supported Safe Schools), in part based on the argument that LGBTI kids don’t deserve a special program to specifically promote acceptance of their difference.

 

Law takes apart this view in his Quarterly Essay on page 64, responding to an example about Hindu students from Elisabeth Taylor of the Australian Christian Lobby:

 

“When Taylor tells me this, I’m initially taken by her argument. Why should minorities of any kind have special treatment? Why should queer kids get the attention when others [sic] kids are being bullied too? It takes a while before the obvious presents itself: first, that general anti-bullying measures have existed for decades and haven’t helped queers at school. Second, that Safe Schools doesn’t exists solely for LGBTIQ youth, but also for the countless other Australian kids who are agents – as well as victims – of schoolyard homophobia. Third: Hindu children are born into Hindu families and communities, who affirm their religion, culture and worldview. Lesbian, gay, bisexual, transgender and intersex young people do not have that luxury. Gays are mostly raised in heterosexual families. And if our families and communities don’t accept us, there are consequences. One 2010 national study found that “rates of self harm are higher in [queer] young people who are not supported when they disclose to mother, dad, brother or sister.” If these kids aren’t safe at home or school, where else do they have?”

 

In 2019, we still have Governments at Commonwealth level, and in half the states and territories, that really don’t seem to care about the answer to that question.

 

Who don’t support the right of LGBTI kids simply to be – but instead listen to a vocal minority of bigots who would prefer LGBTI kids not to be. Themselves. Supported. Or Accepted.

 

The question is what we do about it. I would argue the onus is on us, the LGBTI community, our allies, and indeed every Australian who supports diversity, of sexual orientations, gender identities and sex characteristics, to vote against those Governments.

 

Because our kids are counting on us.

 

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Victorian Premier Daniel Andrews has shown the leadership too many of his Commonwealth, state and territory counterparts refuse to.

 

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Treasurer Frydenberg, Please Abolish the National School Chaplaincy Program

The Morrison Liberal-National Government is currently calling for Pre-Budget Submissions for the 2019-20 Commonwealth Budget. Submissions close 1 February 2019 – for more details click here.

 

Please see my submission below, which I have also sent to the Leader of the Opposition Bill Shorten and Shadow Treasurer Chris Bowen.

 

**********

 

Treasurer Josh Frydenberg MP

c/- prebudgetsubs@treasury.gov.au

 

Monday 28 January 2019

 

Dear Treasurer

 

Please Abolish the National School Chaplaincy Program

 

Thank you for the opportunity to provide a submission ahead of the upcoming 2019-20 Commonwealth Budget.

 

In this submission I will make the case for what should be the easiest Budget decision of them all – to save $247 million over four years by abolishing the National School Chaplaincy Program.

 

There are multiple reasons why this entirely unjustified program should be axed, with most stemming from the requirement that any person who acts as a school chaplain must be religious. This requirement is completely inappropriate in a contemporary society.

 

In theory, these positions are supposed to be about improving student welfare. In practice, they are about promoting Christian theology, including in supposedly secular public schools.

 

As the Guardian Australia reported, in 2015 the Education Department revealed that of 2,336 chaplains funded by the Commonwealth Government, 2,312 (or 99%) were Christian, with the negligible remainder split between Islam (13), Judaism (eight) and one each from Bahai, Buddhism and Aboriginal traditional religions.

 

As a program it has already been found to be unconstitutional on multiple occasions (thanks to the ongoing efforts of the courageous Ron Williams). Successive Commonwealth Governments have responded by resorting to increasingly intricate arrangements to circumvent these findings.

 

Indeed, on a prima facie reading, the program is clearly in breach of section 116 of the Constitution, which provides that:

 

‘Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’

 

The only reason the program has not been found unlawful because of section 116 is because the money to fund it is now funnelled through grants to state and territory governments.

 

Instead of engaging in this intellectual dishonesty, the Commonwealth Government should instead honour the spirit of the Constitution. As Treasurer, you should acknowledge that the National School Chaplaincy Program imposes a religious test on positions that are paid for with taxpayers’ monies – and consequently abolish it.

 

The religious requirement for chaplaincy positions presents another legal problem, and that is it is potentially in breach of state and territory anti-discrimination and equal opportunity laws,[i] because it actively discriminates against people with different religions, or who have no religion.

 

This is currently being tested in the Victorian Civil and Administrative Tribunal, with a complaint against Access Ministries by a person who was barred from applying for a position with them because she was not Christian. As noted in that complaint:

 

‘The discrimination is not reasonably necessary for Access Ministries to comply with the doctrines, beliefs or principles of the religion associated with Access Ministries, because the work of a school chaplain takes place in a non-religious context and workplace, namely a government school, with a student population made up of students with a variety of religious affiliations and with no religious affiliation.’

 

Hopefully, that challenge is successful. Even if it fails, it is likely that the lawfulness of the National School Chaplaincy Program will come under fresh scrutiny as the Commonwealth Government establishes a new Religious Discrimination Act, as part of its response to the Ruddock Religious Freedom Review.

 

It is impossible to argue the program does not discriminate on the basis of religious belief (or lack thereof), when such discrimination lies at its heart. There must be no special loopholes as part of any new Commonwealth Religious Discrimination Act merely to allow discrimination against non-Christians, agnostics and atheists alike to continue. Nor should there be taxpayer funding for this discrimination in the Commonwealth Budget.

 

A third reason why the National School Chaplaincy Program should be abolished is because of its internal contradiction, with people hired as school chaplains because they are religious then required not to ‘proselytise’ their beliefs as part of their role.

 

There have been multiple reports, over many years, of chaplains in public schools completely disregarding this prohibition.

 

From 2011The United Christian Education Foundation is the chaplaincy provider at Ulladulla High School on the New South Wales South Coast.

 

A newsletter on its website reads: “There is much to be thankful for as we look back on another year of bringing the great news of Jesus to the precious young people at Ulladulla High School. The other week a Year 7 boy put up his hand and said, ‘I asked Jesus into my life the other day’.

 

“A Year 8 girl told me about the peace she now has since becoming a Christian,” the newsletter continues.

 

Proselytising is against the federal Education Department’s guidelines on chaplaincy, but some students at the Ulladulla school believe the chaplain is there to convert them.

 

“[It is] basically to make people become of his religion. That’s it really. To convert people to their religion,” said Max, a Year 8 student.

 

Nick, a maths teacher at the primary school nearby, was shocked when the chaplain came to his school and invited the children to pray.

 

“The chaplain was addressing the Year 6 children, a majority of those children would be going to the local high school and he did say that he was available for children there, and they can come to him and pray with him, or if not, he would pray for them,” he said.

 

And from just last year: Generate Ministries, the largest provider of school chaplains in NSW, has begun offering a “faith building” course to students and told them their chaplain is one way of accessing the program.

 

The subject, called Veta Morpheous, is a certificate III course for HSC students developed by the Victorian-based Veta Youth which says the studies enable students to “really invest in your spiritual growth and to explore your faith with adult mentors” and “grow in your Christian life.”

 

“It’s a space… to discover who you are in Christ, and to test your faith in real life,” Veta Youth says.

 

In a now-amended statement on its website Generate Ministries said: “The key to the program is the local ministry supervisor and the peer group supervisor… this is often the local minister, Chaplain.”

 

When contact about the possible breach, Generate Ministries said it only intended for chaplains funded under a separate NSW wellbeing program to offer the course. However that program also forbids chaplains from proselytising.

 

There are countless other examples of chaplains engaged in proselytising behaviour. Perhaps just as concerning is what is not considered proselytising, and therefore deemed acceptable, with then-Education Minister Simon Birmingham telling Senate Estimates that proselytising is only ‘attempt[ing] to convert someone to a particular religion or belief’ and that quoting the Bible is not necessarily proselytising.

 

I am sure many parents with children attending public schools would be horrified by that distinction.

 

To some extent, it is difficult to blame chaplains for engaging in this behaviour. Telling them not to proselytise – when that activity forms such a central part of their identity, their ‘mission’ – is like telling News Corp columnists not to engage in culture wars. It is their raison d’etre, and they will continue to do so for as long as they draw breath (and expel hot air).

 

The fault instead lies with the Howard Liberal-National Government who first funded this program, and all subsequent Governments who have extended it, knowing that employing chaplains in schools will inevitably lead to proselytising to children, irrespective of what any guideline might say.

 

You will own your share of that blame if you do not abolish the National School Chaplaincy Program in your first Budget as Treasurer, expected in April 2019.

 

The fourth problem is a much more fundamental one, and that is, if the aim of the program is to promote student welfare, the National School Chaplaincy Program is a poorly-designed, and ineffective, approach.

 

It is an opt-in program, and even then the funding provided does not pay for a full-time position (with schools expected to fundraise to supplement the Government’s grant). Given the people hired must satisfy a religious test, it is also not open to all of the best-qualified people for the role,[ii] meaning some students will inevitably end up with second-rate support.

 

In short, it is a half-hearted attempt to address what is a genuine challenge.

 

If the Morrison Liberal-National Government was actually serious about student welfare, it would provide funding for school counsellors in all schools, and employ people based on their qualifications not their religious beliefs. If you are not prepared to do that, it is clear student welfare is not the primary focus of the program, and it must therefore be abolished.

 

My fifth and final concern is a much more personal one and that is, as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, the National School Chaplaincy Program is inherently dangerous for LGBTI students.

 

This is not to say that all chaplains are homophobic, biphobic, transphobic or intersexphobic. I am sure there are many who are genuinely inclusive and respectful of all students irrespective of sexual orientation, gender identity or sex characteristics.

 

However, I am saying there have been too many examples, over too many years, of people employed under the National School Chaplaincy Program being harmful to young LGBTI people. In some cases, the organisations providing chaplains across different schools are themselves explicitly homophobic and transphobic.

 

For example, from 2014: ‘Citing a survey from gay rights organisation All Out, Senator [Lousie] Pratt said “students described chaplains helping them to ‘pray the gay away’ and advising them to sleep with a member of the opposite sex to ‘correct’ their same sex attraction”.’

 

And this, from 2015‘The school chaplaincy program in NSW is dominated by Generate Ministries, which lodged a submission to an Australian Human Rights Commission inquiry into religious freedom stating homosexuality is “a serious sin”.’

 

How could any LGBT student attending a school with a Generate Ministries chaplain ever feel comfortable seeking support from their supposed school welfare officer when that person thinks they are intrinsically sinful?

 

Meanwhile, from last year‘In one disturbing case, a transgender child was forced into seven sessions of chaplaincy counselling at her religious school – without her parents’ knowledge – in a bid to stop her from transitioning…

 

Canberra’s response [not to take action against gay conversion therapy] belies the fact that gay conversion ideology has been quietly pushed in schools as part of the federal government’s chaplaincy program.’

 

There are plenty of other examples of the National School Chaplaincy Program being the source of homophobia and transphobia. This is shameful, but not nearly as shameful as the fact taxpayers’ money – money from people like me – is being used to inflict these harms on young LGBTI people.

 

It is your moral responsibility, as Treasurer, to cease funding for a program that, rather than improving student welfare, contributes to the mistreatment of some of the most vulnerable members of society.

 

**********

 

As I have outlined above, the only reason the National School Chaplaincy Program remains constitutional is because successive Commonwealth Governments have chosen to circumvent decisions of the High Court.

 

It is possible the program is unlawful under state and territory anti-discrimination laws, because it actively discriminates on the basis of religious belief, and it would likely fall foul of any new Commonwealth Religious Discrimination Act.

 

The National School Chaplaincy Program also suffers from an insurmountable internal contradiction, where people whose primary purpose is to proselytise are politely asked not to. It is unsurprising that many fail to obey this direction.

 

It is a poorly-designed, and ineffective, student welfare program; if Governments were actually serious about student welfare they would fund qualified counsellors in all schools. The National School Chaplaincy Program is also dangerous, and harmful, to lesbian, gay, bisexual, transgender and intersex students.

 

While these may sound like challenges, they also represent an opportunity for you, as Treasurer, to make perhaps the easiest saving of a quarter of a billion dollars that anyone could ever make. The only question is whether you are up to the task.

 

Thank you in advance for taking this submission into consideration.

 

Sincerely

Alastair Lawrie

 

cc Bill.Shorten.MP@aph.gov.au Chris.Bowen.MP@aph.gov.au

 

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Treasurer Josh Frydenberg, who could save $247 million – or continue to fund the discriminatory, harmful and wasteful National School Chaplaincy Program.

 

Footnotes:

[i] In the states and territories where religious belief is a protected attribute, noting that New South Wales and South Australia currently do not prohibit religious discrimination in their anti-discrimination laws.

[ii] I am not suggesting that all people currently hired as chaplains do not have appropriate student welfare qualifications, but I am saying that, by excluding a large proportion of people because of their religious beliefs (or lack thereof) the talent pool of people hired must inevitably be significantly diminished.

Invisibility in the Curriculum

Did you know that the NSW Personal Development, Health and Physical Education K-10 Syllabus does not require schools to teach students what lesbian, gay, bisexual, transgender and intersex mean, or even that they exist?

 

The NSW Education Standards Authority reviewed the PDHPE curriculum in 2017 (see my submission to that consultation here), and released its consultation report and final K-10 syllabus in early 2018.

 

It is now being progressively rolled out in NSW classrooms, with full implementation by the start of the 2020 school year.

 

This is despite the fact 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.[i] 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.[ii]

 

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)[iii] – 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,[iv] 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.[v]

 

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).[vi]

 

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,[vii] 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.[viii]

 

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.’[ix]

 

**********

 

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.

 

This document represents a complete derogation of duty by the NSW Education Standards Authority, and Education Minister Rob Stokes and the Berejiklian Liberal-National that have overseen them.

 

They have also failed in their duty to keep all students safe, LGBTI and non-LGBTI alike, given the paucity of sexual health information, and specific content around sexually transmissible infections, in the syllabus.

 

To some extent it is perhaps a little unfair to single out NSW for these failures, because they are not alone in responsibility for them.

 

As this author has previously written, the national Health and Physical Education curriculum (which provides the framework for the NSW syllabus) developed earlier this decade by the Australian Curriculum, Assessment and Reporting Authority (ACARA), also abjectly fails to take the needs of LGBTI students seriously.

 

Despite repeated calls for him to intervene, then-Commonwealth Education Minister Christopher Pyne refused to take action to make LGBTI-inclusive content a priority either.

 

Ensuring that all teachers, in all schools, provide health and physical education content that is inclusive of all students and their needs has been placed in the ‘too hard basket’ by educational authorities, and Ministers, at multiple levels of government over multiple years.

 

It seems they would prefer to pretend LGBTI students do not exist rather than to take on the influence of religious schools and others who see anything that promotes the view that LGBTI people are part of the natural, beautiful diversity of humanity as some sort of ‘radical agenda’.

 

In this respect, the exclusion of LGBTI content from the NSW PDHPE K-10 Syllabus shares a lot in common with the current debate about the exceptions to anti-discrimination law that allow religious schools to discriminate against LGBT students, something the NSW Government has also ruled out fixing.

 

As with that issue, the losers out of the new PDHPE curriculum are the lesbian, gay, bisexual, transgender and intersex kids who have the right to learn about themselves, and to receive the information they need to keep themselves safe, but who are instead being made to feel invisible.

 

55d947e87811a0c2c684e8ea8a5b3a90fa7ed982

NSW Education Minister Rob Stokes has overseen the development of a PDHPE K-10 Syllabus that is almost completely silent on LGBTI issues.

 

Footnotes:

[i] The term bisexual actually appears four times, with an additional appearance in the glossary in the definition of ‘same-sex attracted’, alongside ‘homosexual’ in its only appearance.

[ii] This interpretation – that teaching the examples which are included in the content is optional – is supported by page 24 of the consultation report, which states: ‘The content is presented to be inclusive and provide the flexibility for delivery based on the context and the ethos of schools. Schools will make decisions about the scope and range of examples to illustrate the diversity of groups in Australian society.’

[iii] There is a separate reference to ‘sexuality’ that is not optional on page 119 in the Life Skills section, for students with special needs, although it does not specifically refer to diversity of sexual orientations.

[iv] The definition of sex on page 135, described as ‘The biological characteristics that define humans as female or male. While these sets of biological characteristics are not mutually exclusive, as there are individuals who possess both, they tend to differentiate humans as males and females’, also does not ensure students learn about variations of sex characteristics.

[v] The definition of transgender or trans on page 137 states ‘A general term for a person whose gender is different to their sex at birth’.

[vi] As an aside, it must surely be difficult to teach students about homophobia and transphobia when the syllabus doesn’t require instruction about the terms lesbian, gay, bisexual, transgender and intersex in the first place.

[vii] At a minimum the Life Skills content for students with special needs makes teaching about sexually transmissible infections mandatory (on page 119: ‘recognise issues of safety in relation to sexual relationships, including contraception, sexually transmissible infections’).

[viii] In the glossary definition of sexually transmissible infections: ‘Any infection that can be passed from one person to another during sexual activity. Sexually transmissible infections include chlamydia, herpes, gonorrhea, syphilis, genital herpes, scabies, pubic lice, hepatitis and HIV.’

[ix] On page 27 of the 2003 PDHPE 7-10 Syllabus, here.

Protecting LGBT Students and Teachers Against Discrimination

there's no place for discrimination in the classroom-10

 

Start the new year right, by writing to support the right of LGBT students, teachers and other staff at religious schools to be free from discrimination.

 

The Senate Standing Committee on Legal and Constitutional Affairs is currently holding an inquiry into Labor’s Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018, and proposed amendments to it.

 

Full details of this inquiry can be found here.

 

The most important details are that:

 

  • This is our opportunity to call for all schools to be made free from discrimination on the basis of sexual orientation and gender identity
  • Submissions close on Monday 21 January 2019 (ie two weeks away) and
  • Once you’ve written yours, it can be uploaded here or emailed to sen@aph.gov.au

 

**********

 

If you are looking for some ‘inspiration’ about what to write, here are my suggestions:

 

  1. Personal stories

 

If you are, or have been, a student, a family member of a student, or a teacher or other staff member at a religious educational institution (including schools and universities), please share what that experience was like.

 

This is especially important if you are a lesbian, gay, bisexual, transgender or intersex person, or member of a rainbow family, who has encountered homophobia, biphobia or transphobia at a religious school.

 

Remember, these examples can range from overt or outright discrimination (such as a student being disciplined, or a teacher being fired or not hired, simply for being LGBT) through to more subtle or insidious forms of mistreatment (being made to feel invisible, having LGBTI content excluded from subjects like health and physical education, or feeling unable to disclose your sexual orientation or gender identity, or information about your partner, to others).

 

The more stories that we share, the louder our collective voice for change will be.

 

Importantly, if your submission is deeply personal, you can ask the committee to keep your submission private. From the aph website:

 

If you do not want your name published on the internet, or if you want your submission to be kept confidential, you should:

  • Include the word confidential clearly on the front of your submission and provide a reason for your request.
  • Make sure that your name and contact details are on a separate page and not in the main part of your submission.

Confidential submissions are only read by members of the committee and the secretariat.

Confidential information may be placed in an attachment to the main part of your submission, with a request for the committee to keep the attachment confidential.

The committee will consider your request but you need to know that the committee has the authority to publish any submission.

The committee will contact you if the committee wants to publish something you have asked to be kept confidential.

If you are considering making a confidential submission, you should contact the committee secretariat to discuss this before you send us your submission.

 

  1. Call for LGBT students to be protected against discrimination

 

Whether you have attended or worked at a religious school or not, everyone should call for the ability of religious schools to discriminate against lesbian, gay, bisexual and transgender students to be abolished.

 

Labor’s Bill achieves this outcome, because it would remove both of the existing exceptions in the Commonwealth Sex Discrimination Act 1984 which allow religious schools to do exactly that.[i]

 

In your submission, you should ask for the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 to be passed urgently, so that all students can learn in a safe and inclusive environment.

 

  1. Call for LGBT teachers to be protected against discrimination

 

One thing Labor’s Bill does not do is remove the exceptions in the Sex Discrimination Act which allow religious schools to discriminate against LGBT teachers and other staff.

 

This discrimination is also wrong. Teachers should be judged according to the ability to do their jobs, not whether they are heterosexual and cisgender. The billions of dollars of taxpayers’ money that is provided to religious schools each year should not be used to reject teachers and other staff simply for being LGBT.

 

Most importantly, in order for the classroom to be a truly safe environment for LGBT children, it must be an inclusive one for LGBT adults too.

 

Employing LGBT teachers means potentially having role models for kids discovering their own sexual orientations or gender identities. On the other hand, if children see teachers being discriminated against just for being lesbian, gay, bisexual or transgender, they will learn the lesson that their school thinks LGBT people are somehow less worthy than other people.

 

In your submission, you should ask for the Greens amendments to the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 to be supported. These amendments would remove the exceptions in the Sex Discrimination Act that allow religious schools to discriminate against LGBT teachers and other staff.[ii]

 

However, you should call for the Parliament to make similar amendments to the Commonwealth Fair Work Act 2009 as well, because that legislation also allows religious schools to adversely treat,[iii] or unfairly dismiss,[iv] teachers because of their sexual orientation.

 

Finally, you could ask the Parliament to take this opportunity to amend the Fair Work Act to protect transgender and intersex people against adverse treatment and unfair dismissal, because they are currently excluded entirely from these provisions.[v]

 

  1. Call for the Parliament to reject the Government’s proposed amendments

 

The Morrison Liberal-National Government has released its own proposed amendments to the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018.

 

These amendments would allow religious schools to continue to discriminate against LGBT students in three distinct ways.

 

First, the Government’s amendments would reinstate one of the two current exceptions that allow religious schools to expel or otherwise mistreat students because of their sexual orientation or gender identity.[vi]

 

Second, the Government’s amendments would insert an entirely new provision allowing religious schools to discriminate against LGBT students as long as it formed part of ‘teaching activity’ – where teaching activity is incredibly broadly defined as ‘any kind of instruction of a student by a person employed or otherwise engaged by an educational institution.’[vii]

 

Third, the Government’s amendments would change the test for whether indirect discrimination is lawful in three differently-worded alternative ways,[viii] but with all three adding consideration of whether a ‘condition, requirement or practice… imposed, or proposed to be imposed [by a religious school is] in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or creed.’

 

The Government’s changes are unnecessary, and would introduce unnecessary complexity into the Sex Discrimination Act. None of the four Australian jurisdictions that already protect LGBT students against discrimination (Queensland, Tasmania, the ACT and the Northern Territory)[ix] include similar provisions in their anti-discrimination laws.

 

Most importantly, the Morrison Liberal-National Government’s proposed amendments fundamentally undermine the purpose of the legislation, by allowing religious schools to continue to discriminate against LGBT students just under a different name.

 

You should call for the Parliament to reject all of the Government’s proposed amendments to the Bill.

 

**********

 

Every student should be able to learn in a safe and inclusive environment, free from discrimination on the basis of their sexual orientation or gender identity.

 

Every teacher and staff member should be judged on their ability to perform their role, not according to who they love or how they identify.

 

Parliament has the opportunity to make both a reality in 2019. But, as with so many law reforms before, they won’t act unless we make them.

 

So, it’s time to get writing.

 

there's no place for discrimination in the classroom-9

 

Footnotes:

[i] The Bill repeals subsection 38(3) of the Sex Discrimination Act which specifically allows religious schools to discriminate against LGBT students, as well as limiting the general religious exception in subsection 37(1)(d) by adding a new subsection 37(3):

‘Paragraph (1)(d) does not apply to an act or practice of a body established for religious purposes if:

(a) the act or practice is connected with the provision, by the body, of education; and

(b) the act or practice is not connected with the employment of persons to provide that education.’

[ii] The Greens amendments repeal subsections 38(1) and 38(2) of the Sex Discrimination Act that specifically allow religious schools to discriminate against LGBT teachers and other staff, and contractors, respectively.

It also amends the proposed new subsection 37(3) so that it removes the ability of religious schools to discriminate both in terms of service provision (ie students) and employment.

[iii] Subsection 351(2) of the Fair Work Act 2009 (Cth).

[iv] Subsection 772(2) of the Fair Work Act 2009 (Cth).

[v] For more on this subject, see Unfairness in the Fair Work Act.

[vi] The Government’s amendments remove proposed new subsection 37(3) of the Sex Discrimination Act 1984 (Cth) in Labor’s Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 that limits the operation of the general religious exception in section 37(1)(d) of that Act. Therefore, even if subsection 38(3) is repealed, religious schools would still be able to rely on subsection 37(1)(d) to discriminate against LGBT students.

[vii] The proposed amendment reads as follows:

‘7F Educational institutions established for religious purposes

(1) Nothing in this Act renders it unlawful to engage in teaching activity if that activity:

(a) is in good faith in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and

(b) is done by, or with the authority of, an educational institution that is conducted in accordance with those doctrines, tenets, beliefs or teachings.

(2) In this section:

Teaching activity means any kind of instruction of a student by a person employed or otherwise engaged by an educational institution.’

[viii] See amendments KQ 148, KQ 150 and KQ 151, here.

[ix] For more on this subject, see Back to School, Back to Discrimination for LGBT Students and Teachers.

Who pays for homophobia, biphobia and transphobia?

Prejudice against the lesbian, gay, bisexual and transgender (LGBT) community comes with a hefty price tag.

 

It is paid for by the individuals who are subject to direct and indirect acts of discrimination, being denied employment, or services, because of who they are, who they love or how they identify.

 

And by others, who self-censor, missing out on opportunities and on full participation in society, because of the legitimate fear of such discrimination.

 

It is paid for in the adverse mental health impacts experienced by the LGBT community, with depression, anxiety and other mental illness caused by homophobia, biphobia and transphobia.

 

And most tragically by those who end their lives as a consequence.

 

It has even been estimated that homophobia costs the global economy at least $119.1 billion in lost GDP every single year (and presumably more if the effects of biphobia and transphobia are included).

 

But, in this post, I want to take this question – who pays for homophobia, biphobia and transphobia – more literally.

 

In essence, who provides the money that funds anti-LGBT prejudice? Who allows it to occur in the first place?

 

The answer (or at least one of the answers), sadly, is all of us. Let me explain.

 

You are probably aware that most religious schools in Australia currently enjoy special privileges that permit them to discriminate against LGBT students, teachers and other staff.

 

This includes religious exceptions such as section 38 of the Commonwealth Sex Discrimination Act 1984, as well as equivalent anti-discrimination laws in New South Wales and Victoria.

 

In fact, Tasmania and now the ACT are the only Australian jurisdictions that do not allow religious schools to discriminate against teachers and students on the basis of sexual orientation, gender identity or relationship status.

 

All of the other states and territories allow at least some discrimination against LGBT students, or teachers, or in many cases both (Queensland actually comes closest to matching Tasmania and the ACT’s ‘best practice’ approach: it does not permit discrimination against LGBT students, while LGBT teachers are subject to a ‘don’t ask, don’t tell’ regime – although that still means they can be fired if they even mention having a same-sex partner in the workplace).[i]

 

And you likely also know that in Australia, religious schools receive significant government funding.

 

But you are probably not aware just how much public money – taxpayers’ money, your money – is given to these institutions.

 

According to the 2018 Budget, the Commonwealth Government will provide:

 

  • $11.829 billion to non-government schools in 2018-19
  • $12.452 billion in 2019-20
  • $13.145 billion in 2020-21, and
  • $13.821 billion in 2021-22.

 

That’s a total of $51.247 billion in taxpayers’ money going to non-government schools in just four years.

 

In fact, it’s even worse than that. In September, the Morrison Liberal-National Government announced an extra $1.1 billion for non-government schools over the next four years (and $4.5 billion over the next decade).

 

And these numbers don’t include the funding provided by state and territory governments.

 

Based on averages published by the Australian Curriculum, Assessment and Reporting Authority (ACARA), state and territory governments provide approximately one-third of the amount funded by the Commonwealth.

 

That means an extra $17.43 billion of public funding over the next four years alone, bringing the overall total to $69.78 billion.

 

Now, a couple of important caveats. Given religious schools in Tasmania are not permitted to discriminate against either LGBT students or teachers, let’s subtract $1.438 billion from this figure (the $1.079 billion allocated to Tasmanian non-government schools in the Commonwealth Budget, plus an extra third for additional state government funding) as well as $1.083 billion for the ACT (the $811.7 million allocated by the Commonwealth, plus an extra third from the Territory government).

 

And, with a small proportion of non-government schools being non-religious in nature and therefore generally not allowed to discriminate (except in NSW, where the Anti-Discrimination Act 1977 permits all private schools, religious or otherwise, to discriminate against homosexual and transgender students and teachers), let’s be generous and subtract another 5%.

 

That still leaves $63.83 billion in Commonwealth, state and territory government funding allocated to religious schools over the next four years even though they are allowed to discriminate against LGBT teachers, students or both.[ii]

 

And who picks up the tab for this Government-sponsored homophobia, biphobia and transphobia? You do of course.

 

According to the Australian Bureau of Statistics, in June 2017 there were 19.963 million Australians aged 15 and over (and therefore potentially of taxpaying age).

 

This means that for every Australian individual taxpayer Commonwealth, state and territory governments will collectively give $3,198 over the next four years to religious schools that have the legal right to discriminate against LGBT students and/or teachers. Roughly $800 every year, per person, spent subsidising anti-LGBT prejudice.[iii]

 

What makes these figures truly offensive, obscene even, is remembering that this money is coming from LGBT teachers, who are paying for religious schools to have the ability to deny them employment in up to 40% of the jobs for which they are qualified.

 

From the parents of LGBT children, who are paying for the special privileges of these institutions to reject their child’s enrolment simply because of their sexual orientation or gender identity.

 

And from same-sex couples in rainbow families, who are paying for religious schools to deny their children admission on the basis of their parents’ relationship.

 

Indeed, the homophobia, biphobia and transphobia of religious schools is being paid for by the taxes of all LGBT Australians, our families, friends and allies.

 

And by the 61.6% of voters who just last year said that we are, or should be, equal irrespective of our sexual orientation or gender identity.

 

Despite that result (or perhaps even because of it) the Liberal-National Government seems intent on making what is a horrible situation worse.

 

Former Prime Minister Malcolm Turnbull commissioned the Ruddock Review of Religious Freedom during last year’s same-sex marriage parliamentary debate.

 

The contents of that review’s final report, delivered to the government in May but not yet released to the public, were leaked yesterday to Fairfax newspapers, and appear to support the further entrenchment, and possible expansion, of the ‘right’ of religious schools to discriminate against LGBT students and teachers.

 

This could potentially include the Commonwealth Government using the Sex Discrimination Act 1984 to override the anti-discrimination laws of states and territories like Tasmania and the ACT (and to a lesser extent Queensland) that have moved to limit these special privileges.

 

New Prime Minister Scott Morrison does not seem opposed to such a development, saying that the right to discriminate against gay students ‘already exists’ (ignoring the fact it has been curtailed in some jurisdictions).

 

Three weeks’ ago he also told Sky’s Paul Murray that:

 

Let me give you this example. I send my kids to a Christian school, I think that Christian school should be able to ensure they can provide education consistent with the Christian faith and teaching that I believe as a parent. That’s why I’m sending them there. I don’t think that school should be told who they can and can’t employ, or have restrictions on them in ensuring that they’re delivering to me – the parent, their client, their customer – what I’ve invested in for my children’s education.

 

What he fails to mention is that, by virtue of public funding for religious schools, we are all ‘investing’ in his children’s education.

 

And what the Ruddock Review, Prime Minister Morrison and some members of his Government seem to want is for all of us to pay even more to allow more religious schools to discriminate against more LGBT students and teachers.

 

Well, fuck that. Enough is enough.

 

It’s time we stopped handing over money so that religious schools can fuck over LGBT students.

 

And it’s time we stopped coughing up cash so that these institutions can tell LGBT teachers and other staff to fuck off.

 

These human rights violations have gone on long enough.

 

To borrow a phrase from the American Revolution, there should be no taxation without anti-discrimination protection. Or even more simply:

 

No Taxation For Discrimination.

 

Instead of being an excuse for expanding religious exceptions in relation to religious schools, the Religious Freedom Review should be the catalyst for these special privileges to finally be subjected to proper scrutiny.

 

If the Morrison Government introduces amendments to entrench and expand the exceptions in section 38 of the Sex Discrimination Act, and potentially to override the best practice approaches of the Tasmanian Anti-Discrimination Act and ACT Anti-Discrimination Act, it will be up to Labor, the Greens and the cross-bench to block it (for his part, Opposition Leader Bill Shorten is making the right noises, saying “The fact is every child is entitled to human dignity. We shouldn’t even be having this debate”).

 

The pressure will also be on Liberal moderates, who like to claim credit for delivering marriage equality (they didn’t, but that’s a post for another day), to stand up and help defeat proposals that will increase discrimination against that same community.

 

But stopping things from getting worse would hardly be a heroic achievement. The religious exceptions of the Sex Discrimination Act, and the equivalent laws in most states and territories that promote anti-LGBT prejudice, must be repealed.

 

Because LGBT teachers should be employed on the basis of their abilities, not their orientations or identities.

 

And LGBT students should not be refused enrolment, expelled, or discriminated against in any way, shape or form, just because of who they are. Not one student. Not ever.

 

While the rest of us shouldn’t be forced to pay for it, literally funding the homophobia, biphobia and transphobia of religious schools.

 

Bottom line: if religious schools want one cent from us, they must be decent to us, and that means ending their special privileges to discriminate against LGBT students, teachers and other staff once and for all.

 

To take action, please sign and share this petition from just.equal: www.equal.org.au/protectourkidsandteachers

 

aud100front

Your hard-earned dollars are funding anti-LGBT prejudice.

 

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] For more information about these laws, see: A Quick Guide to Australian LGBTI Anti-Discrimination Laws.

[ii] I am not suggesting that all of these schools would discriminate against LGBT students and/or teachers. In practice, a number provide welcoming environments irrespective of sexual orientation and gender identity. However, these schools retain the legal right to discriminate on these grounds.

[iii] By way of comparison, the Commonwealth Government will provide $245.6 million over the next four years to another inappropriate and unjustified school funding initiative (the National School Chaplaincy Program), or the equivalent of $12.30 for every Australian aged 15 and over. On the other hand, the Turnbull Government, of which Scott Morrison was Treasurer, axed the $8 million Safe Schools program in 2016 – in effect, they could not even be bothered spending 40c per taxpayer, spread over four years (so just 10c per taxpayer per year), to help address homophobia, biphobia and transphobia in schools.

Submission to NSW Parliamentary Inquiry into Youth Suicide

Update: 19 December 2018

The NSW Parliamentary Committee on Children and Young People handed down its report on Prevention of Youth Suicide on 25 October 2018.

 

On the positive side, it acknowledged that LGBTI young people are a vulnerable group requiring specific attention, with higher rates of mental health issues than their cisgender heterosexual counterparts.

 

This included Recommendation 13 , that: ‘The Committee recommends that the NSW Government support research into suicide prevention programs for LGBTI young people.”

 

However, it is disappointing that the Committee did not go beyond simply calling for more research in this area.

 

Despite quoting organisations like Twenty10 that the increased risks of suicide and self-harm are ‘directly related to experiences of stigma, prejudice, discrimination and abuse’, and despite the terms of reference requiring the Committee to specifically consider the approaches taken by primary and secondary schools, they made no recommendations about the inclusion of LGBTI students in schools.

 

They therefore ignored the fact that the NSW Government abolished an evidence-based anti-bullying program for LGBTI students (Safe Schools) in 2017, and that the new Personal Development, Health and Physical Education (PDHPE) curriculum excludes LGBTI students and content that is relevant to their needs (something I will write more about early in the new year).

 

The Committee wrote in their report that: “The prevalence of suicide and self-harm among LGBTI young people is concerning to the Committee.” Although apparently they were not concerned enough to recommend concrete steps to make all NSW schools accepting places for LGBTI students.

 

Original Post:

The NSW Parliamentary Committee on Children and Young People is currently holding an inquiry into the prevention of youth suicide. Full details can be found here. The following is my personal submission:

 

c/- childrenyoungpeople@parliament.nsw.gov.au

Sunday 27 August 2017

 

Dear Committee

 

Submission to Inquiry into Youth Suicide in NSW

 

Thank you for the opportunity to provide a submission to this important inquiry.

 

In this submission, I will be focusing on items (g) and (h) from the inquiry’s terms of reference: ‘Approaches taken by primary and secondary schools’ and ‘Any other related matters’ respectively.

 

Specifically, I will be discussing these terms of reference and how they relate to one of the groups that is disproportionately affected by mental health issues, depression and suicide: young lesbian, gay, bisexual, transgender and intersex people.

 

The National LGBTI Health Alliance confirms that LGBTI people, and especially young LGBTI people, are at much higher risk of suicide than non-LGBTI people. From the Alliance’s July 2016 ‘Snapshot of Mental Health and Suicide Prevention Statistics for LGBTI People’:

 

“Compared to the general population, LGBTI people are more likely to attempt suicide in their lifetime, specifically:

 

  • LGBTI young people aged 16 to 27 are five times more likely
  • Transgender people aged 18 and over are nearly eleven times more likely
  • People with an intersex variation aged 16 and over are nearly six times more likely
  • LGBT young people who experience abuse and harassment are even more likely to attempt suicide.

 

Statistics for LGBTI Population:

 

  • 16% of LGBTI young people aged 16 to 27 reported that they had attempted suicide
  • 35% of Transgender people aged 18 and over have attempted suicide in their lifetime
  • 19% of people with an Intersex variation aged 16 and over had attempted suicide on the basis of issues related [to] their Intersex status
  • 8% of Same-Gender Attracted and Gender Diverse young people aged between 14 and 21 years had attempted suicide, 18% had experienced verbal abuse, and 37% of those who experienced physical abuse.

 

Statistics for General Population:

 

  • 2% of people (4.4% females; 2.1% males) aged 16 and over have attempted suicide in their lifetime; 0.4% of general population (0.5% females; 0.3% males) in the last 12 months
  • 1% of people (1.7% females; 0.5% males) aged 16 to 24 have attempted suicide in the past 12 months.”

 

These statistics are obviously incredibly alarming, and reveal the scale of the challenge of mental health issues experienced by LGBTI people, and especially young LGBTI people.

 

What should not be forgotten is that there is nothing inherently ‘wrong’ with LGBTI people, and LGBTI young people – their disproportionate rates of suicide are in response to external factors, including a lack of acceptance (or feared lack of acceptance) from parents, other family members and friends, as well as society-wide homophobia, biphobia, transphobia and intersexphobia.

 

Another contributing factor to high rates of LGBTI youth suicide – and perhaps most relevantly to this inquiry – is the school environment. While some schools are welcoming to all young people, including those of diverse sexual orientations, gender identities and sex characteristics, other schools are far less welcoming – and some are even outright hostile.

 

For the purposes of this submission, I would nominate two key factors that help determine whether a school is welcoming of LGBTI young people:

 

  • Whether it has an explicit program addressing anti-LGBTI bullying (such as Safe Schools), and
  • Whether it has an inclusive curriculum for LGBTI students, with content that is relevant to their needs.

 

The importance of these two factors is confirmed by the 2010 Writing Themselves In 3 Report (by La Trobe University), which found that:

 

  • “61% of young people reported verbal abuse because of homophobia.
  • 18% of young people reported physical abuse because of homophobia.
  • School was the most likely place of abuse – 80% of those who were abused” (p39).

 

This last statistic is perhaps the most disturbing. Instead of being a place of learning, for far too many LGBTI young people, school is a place of intimidation, intolerance, and fear.

 

Although even more worrying is the fact that the proportion of students nominating school as a site of abuse increased from 1998 to 2004, and then again from 2004 to 2010 (p45) – rather than being more welcoming today, the schoolyard and the classroom is becoming more abusive.

 

Similarly, the Writing Themselves In 3 Report demonstrated that, in far too many schools, LGBTI students are not being included in the curriculum, both generally and specifically in relation to Health & Physical Education (including sex education).

 

From page 79: “10% of young people reported that their school did not provide any form of Sexuality Education at all.”

 

Even where some sexuality education was provided, it was primarily targeted at cisgender and heterosexual students. While almost 60% of students reported that the school provided information about heterosexual relationships, less than 20% received education about gay or lesbian relationships (p81).

 

And, while approximately 70% reported education about safe heterosexual sex, less than a quarter were instructed about safe gay sex and less than 20% about safe lesbian sex (p82).

 

Finally, roughly 1 in 10 reported learning that ‘homophobia is wrong’ as part of their sexuality education (p83), meaning that almost 90% of students were not receiving this important message.

 

Unfortunately, on both of these issues (anti-bullying programs, and an inclusive curriculum) NSW is clearly failing in its obligations to LGBTI young people.

 

First, in terms of Safe Schools, it was incredibly disappointing that the NSW Government abandoned this vital LGBTI anti-bullying program in April 2017.

 

Yes, there were some significant problems with this program – although not the ones that religious fundamentalists lied about in their dishonest campaign to undermine and destroy it.

 

Chief among the actual shortcomings of Safe Schools was the fact that it was an entirely optional program, meaning only a small proportion of schools had even begun to implement it by the time it was axed. Further, the schools that chose to implement it were likely the same schools that were already LGBTI-inclusive, while those that were less inclusive were far less likely to adopt the program.

 

Instead of abolishing Safe Schools, the NSW Government should have been working to ensure that it was rolled-out more widely, and ultimately to reach every school in the state (following the lead of Victoria) – because LGBTI students and young people exist in every school in the state.

 

Perhaps even worse than axing this program is the fact it has been replaced with a ‘general’ anti-bullying program and one that, based on media reports, does not include appropriate materials and resources to address the specific needs of LGBTI students and young people.

 

As reported in the Star Observer (Experts Slam NSW Anti-Bullying Resource as ‘Missed Opportunity for LGBTI Youth’, 21 July 2017:

 

“Leading health organisation ACON has expressed concern over the lack of LGBTI-specific tools and information in the new [anti-bullying] resource, despite liaising with the government in the months leading up to its launch.

 

Chief Executive of ACON Nicolas Parkhill said the new resource failed to meaningfully address the bullying, abuse, and discrimination faced by young LGBTI people.

 

“Bullying is an acute problem for young LGBTI people and this resources does not respond to their unique needs,” he said.

 

“Of concern is the absence of tools and resources that specifically address LGBTI bullying in schools – especially when we know it affects a significant proportion of young people.

 

“The government’s own report released earlier this month stated that 16.8 per cent of secondary school students in Australia are attracted to people of the same sex. That’s one in six students…

 

“We believe this resource falls short in responding to LGBTI bullying and there needs to be more emphasis placed on the needs of young LGBTI people.”

 

Based on this critique, it appears that the NSW Government has axed a program that was specifically designed to address anti-LGBTI bullying – which, as we saw earlier, is a contributing factor to LGBTI youth suicide – and replaced it with a ‘generalist’ anti-bullying program that does little to reduce this behaviour.

 

That is clearly not good enough.

 

Recommendation 1: The NSW Government should roll-out the Safe Schools program, or a similar program that specifically and explicitly deals with anti-LGBTI bullying, in every school across the state.

 

The Personal Development, Health and Physical Education (PDHPE) Syllabus is also not good enough in terms of how it includes – or, in many cases, excludes – LGBTI students and information that is relevant to their needs.

 

Earlier this year, the NSW Education Standards Authority (NESA) released a new draft PDHPE K-10 Syllabus for public consultation. Unfortunately, it fell far short of what is necessary to educate LGBTI students across the state, or to contribute to a reduction in youth suicide among this group.

 

As I outlined in my submission to NESA about the draft Syllabus (see Every Student. Every School. Submission on Draft NSW Personal Development, Health and Physical Education (PDHPE) Syllabus K-10), its problems include that:

 

  • It does not define the terms lesbian, gay, bisexual, transgender or intersex
  • It does not guarantee that all students in all schools will learn about these sexual orientations, gender identities or sex characteristics
  • It does not include sufficient LGBTI anti-bullying content, and
  • It does not offer appropriate, or adequate, sexual health education for students who are not cisgender and heterosexual, including a lack of information about sexually transmissible infections and diverse sexual practices.

 

If the PDHPE K-10 Syllabus is implemented without significant and substantive changes to the draft that was released, another generation of LGBTI young people will grow up without being told in the classroom that who they are is okay, and without learning vital information on how to keep themselves safe.

 

That would represent a failure of the NSW Government to exercise the duty of care that it owes to all students across the state.

 

Recommendation 2: The NSW Government should ensure that the PDHPE K-10 Syllabus is inclusive of LGBTI students, and provides content that is relevant to their needs, including comprehensive sexual health education.

 

The previous two issues – anti-bullying programs, and an inclusive curriculum – relate to term of reference (g) (Approaches taken by primary and secondary schools).

 

However, there is one final, non-school related matter that I would like to raise in this submission (under term of reference (h) – ‘Any other related matters’).

 

That is the issue of ‘ex-gay therapy’ or ‘gay conversion therapy’. As the name suggests, this practice aims to convince LGBT people that who they are is wrong, and that they should try to stop being who they are and instead attempt to be cisgender and heterosexual.

 

Let us be clear – ‘ex-gay therapy’ or ‘gay conversion therapy’ is not therapy, and does not offer anything ‘therapeutic’ to the people who are subjected to it. It is not counselling, nor does it have any basis in medical or scientific fact.

 

It is fundamentally harmful, and preys upon vulnerable people, exploiting their fears, their isolation and their insecurities. It leaves the vast majority of people feeling far worse, and can cause, or exacerbate, depression and other mental health issues, including leading to suicide.

 

Ex-gay therapy is psychological abuse, and the people who continue to ‘offer’ this practice are psychological abusers.

 

The NSW Government should outlaw this practice both because it is wrong, and because it is inherently harmful. This should be implemented by a criminal penalty for anyone conducting ex-gay therapy, with a separate penalty for advertising such services.

 

The imposition of ex-gay therapy on young LGBT people is particularly heinous, given they are especially vulnerable. Therefore, the fact that a person being subjected to ex-gay therapy is under 18 should be an aggravating factor for these criminal offences, attracting an increased penalty.

 

The prohibition of ex-gay therapy, and the protection of vulnerable LGBT people – and especially young LGBT people – from this practice is urgently required to help remove another cause of mental health issues, including possible suicide, of LGBTI youth in NSW.

 

Recommendation 3: The NSW Government should ban the practice of ‘ex-gay therapy’ or ‘gay conversion therapy’, making both conducting this practice, and advertising it, criminal offences. Offering these services to LGBT people under the age of 18 should be considered aggravating factors, attracting increased penalties.

 

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

 

Sincerely

Alastair Lawrie

 

There's no place for discrimination in the classroom-7

NSW schools have an important role to play in preventing LGBTI youth suicide – one that they are currently failing to fulfil.

The State of Homophobia, Biphobia & Transphobia Survey Results, Part 4: Discrimination in Education

This post is the fourth in a series of six, reporting the results of The State of Homophobia, Biphobia & Transphobia survey I conducted at the start of 2017[i].

 

In all, 1,672 lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) Australians provided valid responses to that survey.

 

In this article, I will be focusing on their answers to four questions, asking whether they have experienced discrimination in education, whether this discrimination occurred in the past 12 months, whether this discrimination related to religious schools or colleges and to provide an example of the discrimination that they experienced.

 

The responses to these questions confirm that discrimination in education remains far-too-common for far-too-many LGBTIQ Australians – instead of learning about maths and science and English, and above all about the world around them, young LGBTIQ people are learning what it feels like to encounter discrimination on the basis of their sexual orientation, gender identity and intersex status.

 

The question about whether any of this discrimination occurred in relation to a religious school or college is important because, as we have seen previously[ii], exceptions to anti-discrimination laws mean these bodies can lawfully discriminate against LGBTIQ students and teachers in the vast majority of states and territories[iii].

 

I also encourage you to read the full range of examples provided in response to question four, which demonstrate just how widespread anti-LGBTIQ discrimination in education is, and just how much work is needed to make sure places of learning are not places of prejudice.

 

The State of Homophobia, Biphobia & Transphobia-11

 

Question 1: Have you ever experienced discrimination because of your sexual orientation, gender identity or intersex status in relation to education (including as a student, teacher or parent)?

 

Question 2: Has one of more instances of education-related discrimination occurred in the past 12 months?

 

&

 

Question 3: Did any of this education-related discrimination occur at a religious school or college?

 

The overall results to these three questions make for sobering reading.

 

Of the 1,636 people who answered the first question, 663 – or 41% – said they had experienced education-related discrimination at some point in their lives.

 

Disturbingly, 236 survey respondents[iv] reported experiencing anti-LGBTIQ discrimination in education in the past 12 months alone. That is 14.4% of the total, or 1 in every 7 people who completed the survey.

 

Perhaps most concerning of all, 242 lesbian, gay, bisexual, transgender, intersex and queer people, or 14.8% of the entire survey cohort, reported being discriminated against at a religious school or college[v] – for most of these people, that discrimination would have been permissible under Australian law.

 

It is clear that, in 2017, there is still too much anti-LGBTIQ prejudice in Australian educational institutions. As we shall see below, this discrimination also affects some demographic groups within the LGBTIQ community more than others.

 

LGBTIQ Status

 

There were some significant differences in reported education-related discrimination between lesbian, gay, bisexual, transgender, intersex and queer survey respondents:

 

Lesbian

 

  • 41.9%[vi] reported education-related discrimination at some point
  • 14.9%[vii] experienced at least one instance in the last 12 months
  • 10.9%[viii] experienced discrimination at a religious school or college

 

Gay

 

  • 37.6%[ix] reported education-related discrimination at some point
  • 9.4%[x] experienced at least one instance in the last 12 months
  • 13.8%[xi] experienced discrimination at a religious school or college

 

Bisexual

 

  • 39.8%[xii] reported education-related discrimination at some point
  • 16.6%[xiii] experienced at least one instance in the last 12 months
  • 16.6% experienced discrimination at a religious school or college

 

Transgender

 

  • 52%[xiv] reported education-related discrimination at some point
  • 25.2%[xv] experienced at least one instance in the last 12 months
  • 16.8%[xvi] experienced discrimination at a religious school or college

 

Intersex

 

  • 73.3%[xvii] reported education-relation discrimination at some point
  • 33.3%[xviii] experienced at least one instance in the last 12 months
  • 26.7%[xix] experienced discrimination at a religious school or college

 

Queer

 

  • 46.6%[xx] reported education-related discrimination at some point
  • 22.2%[xxi] experienced at least one instance in the last 12 months
  • 17%[xxii] experienced discrimination at a religious school or college

 

In terms of sexual orientation, the results were fairly similar – approximately 2 in every 5 lesbian, gay and bisexual respondents reported discrimination in education at some point in their lives.

 

Gay people were the least likely – out of all groups – to report education-related discrimination in the past year (less than 1 in 10), with lesbians reporting rates about the overall average (14.9%) and bisexuals slightly higher again. In contrast, gay people were more likely than lesbians to report discrimination at religious schools or colleges (although once again, both were lower than bisexuals at 16.6%).

 

As with previous survey results, however, the biggest consequences of education-related discrimination were felt by trans, intersex and queer survey respondents. The intersex responses are particularly high, with almost three-quarters experiencing education-related discrimination at some point in their lives (while noting the small sample size, n=15).

 

Queer respondents were also more likely than average to report education-related discrimination at some point in their lives, and also during the past 12 months (in respect to the latter, more than 50% more likely than non-queer respondents), although their reported rates of discrimination at religious schools was only slightly above average.

 

The trans responses warrant particular attention, especially given the large sample size (n=369) featured in this study. More than half had experienced education-related discrimination at some point in their lives, while more than a quarter had experienced such discrimination in the past 12 months alone – these rates are simply extraordinary (and, of course, appalling)[xxiii].

 

There was also some divergence within the trans community, depending on whether the respondent was also lesbian, gay, bisexual or queer:

 

Trans and lesbian: 41.9% reporting discrimination ever, 16.3% in the last year[xxiv]

 

Trans and gay: 59.6% reporting discrimination ever, 24.6% in the last year[xxv]

 

Trans and bisexual: 53.7% reporting discrimination ever, 28.5% in the last year[xxvi]

 

Trans and queer: 52.7% reporting discrimination ever, 27.4% in the last year[xxvii].

 

Survey respondents who were both trans and gay therefore reported much higher rates of discrimination during their lives, although trans and bisexual and trans and queer respondents were more likely to have been discriminated against in the last 12 months. Interestingly, trans and lesbian respondents reported lower rates for both answers.

 

Aboriginal and Torres Strait Islander People

 

Depressingly, the rates of discrimination for Aboriginal and/or Torres Strait Islander LGBTIQ people were higher for all three questions than for their non-Indigenous counterparts:

 

  • 50%[xxviii] experienced education-related discrimination at some point (compared to 40.2% of non-Indigenous people)
  • 19%[xxix] experienced at least one instance in the past 12 months (compared to 14.3% of non-Indigenous people) and
  • 22.4%[xxx] experienced discrimination at a religious school or college (compared to 14.5% of non-Indigenous people).

 

The high rates of Aboriginal and/or Torres Strait Islander people reporting discrimination in 2016, and also at religious institutions (which, for the most part, are free to discriminate against them), are particularly worrying.

 

Age

 

Given younger people are more likely to have been engaged in education in the past 12 months, and therefore more likely to have experienced recent education-related discrimination, this analysis will exclude answers to the second question.

 

What is most noticeable about the answers to questions 1 and 3 is that discrimination in this context appears to be getting worse for younger LGBTIQ people, rather than getting better:

 

Aged 24 and under

 

  • 43.3%[xxxi] experienced education-related discrimination at some point
  • 17.4%[xxxii] reported discrimination at a religious school or college

 

25 to 44

 

  • 39.4%[xxxiii] experienced education-related discrimination at some point
  • 14.2%[xxxiv] reported discrimination at a religious school or college

 

45 to 64

 

  • 37.1%[xxxv] experienced education-related discrimination at some point
  • 9.1%[xxxvi] reported discrimination at a religious school or college

 

65 and over

 

  • 17.1%[xxxvii] experienced education-related discrimination at some point
  • 5.7%[xxxviii] reported discrimination at a religious school or college

 

In short, people aged 24 and under are more likely to have already experienced discrimination in relation to education than their older LGBTIQ counterparts[xxxix] – even including many who are currently engaged in school, university or TAFE and may still confront homophobia, biphobia, transphobia or intersexphobia prior to completing their studies.

 

This statistic is frankly unacceptable (and alone demonstrates the need for nation-wide anti-bullying programs like Safe Schools).

 

Young people were also far more likely to report anti-LGBTIQ discrimination in religious schools or colleges than LGBTIQ people aged 25 to 44, or 45 to 64. There are a few possible explanations for this, including the growing trend towards parent(s) sending their children to private (and predominantly religious) schools.

 

Irrespective of the causes, however, we must not forget that for many of these students they are left without any recourse to legal protections, because the Commonwealth Sex Discrimination Act 1984, as well as the anti-discrimination laws in most states and territories, explicitly allows religious schools to actively mistreat LGBTIQ students. Such legislation is also unacceptable.

 

State or Territory of Residence

 

The final demographic category according to which I have analysed the survey results is the state or territory of residence:

 

New South Wales

 

  • 37.4%[xl] reported education-related discrimination at some point
  • 12.8%[xli] experienced at least one instance in the last 12 months
  • 13.4%[xlii] experienced discrimination at a religious school or college

 

Victoria

 

  • 42.2%[xliii] reported education-related discrimination at some point
  • 12.5%[xliv] experienced at least one instance in the last 12 months
  • 14.3%[xlv] experienced discrimination at a religious school or college

 

Queensland

 

  • 43.1%[xlvi] reported education-related discrimination at some point
  • 13.7%[xlvii] experienced at least one instance in the last 12 months
  • 16.9%[xlviii] experienced discrimination at a religious school or college

 

Western Australia

 

  • 41.7%[xlix] reported education-related discrimination at some point
  • 16.6%[l] experienced at least one instance in the last 12 months
  • 11.3%[li] experienced discrimination at a religious school or college

 

South Australia

 

  • 35.8%[lii] reported education-related discrimination at some point
  • 16.4%[liii] experienced at least one instance in the last 12 months
  • 14.9%[liv] experienced discrimination at a religious school or college

 

Tasmania

 

  • 47.2%[lv] reported education-related discrimination at some point
  • 24.1%[lvi] experienced at least one instance in the last 12 months
  • 18.5%[lvii] experienced discrimination at a religious school or college

 

Australian Capital Territory

 

  • 35.7%[lviii] reported education-related discrimination at some point
  • 14.3%[lix] experienced at least one instance in the last 12 months
  • 21.4%[lx] experienced discrimination at a religious school or college

 

Northern Territory

 

  • 38.1%[lxi] reported education-related discrimination at some point
  • 14.3%[lxii] experienced at least one instance in the last 12 months
  • 14.3% experienced discrimination at a religious school or college

 

These results were largely consistent across state and territory boundaries (thus lending weight to the overall figures, discussed earlier).

 

Interestingly, Tasmania reported the highest rates for both lifetime education-related discrimination, and discrimination in education in the last 12 months (the latter figure by a considerable margin). Despite the great strides made by the Apple Isle in the past 20 years, further progress is still needed.

 

On the other hand, and despite recording the lowest rate of life-time education-related discrimination (slightly less than South Australia), ACT respondents reported the highest rate of discrimination at a religious school or college. This is likely due to high rates of religious school enrolments in the ACT (noting that these schools are legally ‘entitled’ to discriminate against LGBTI students).

 

**********

 

Question 4: If you feel comfortable, please provide an example of the discrimination you experienced in relation to education [Optional]:

 

This question allowed respondents to provide examples of the anti-LGBTIQ discrimination they had experienced and, once again, these comments are often confronting to read.

 

They are also depressing, considering the influential role that education plays in everyone’s lives – for far-too-many LGBTIQ people, that impact has been overwhelmingly negative rather than positive.

 

A lightly-edited[lxiii] version of the answers to this question – providing examples of homophobic, biphobic, transphobic and intersexphobic discrimination in relation to education, including school, TAFE and university – can be found at the following link:

 

question 4 examples of anti-LGBTIQ discrimination in education

 

From my perspective, a number of key themes emerge in these examples. One of the most common stories described a lack of relevant sexual health education, including:

 

“I asked my sexual education teacher in year 9 or 10 (can’t remember which), if we were going to be covering more than just heterosexual sex and relationships. And her response was something along the lines of “Well I don’t think those people deserve to exist.”

 

“Not being provided with education on same-sex safety in PDHPE, even upon request. And being told to just ‘not try it’ because there’s no ‘safe way’ to have sex with a person of the same gender.”

 

“improper sex education (teaching as if there is only hetero-intercourse) being told intercourse must have ‘penetration’ to be counted.”

 

“My high school HPE teacher was teaching sex education and wouldn’t answer any of my questions about lesbian sex and told me things like to stop being rude and threatening to send me to the deputy principal’s office.”

 

“I was pretty closet[ed] at school, but I frequently got in trouble in sex ed for challenging hetero and cis normative assumptions being made by the teacher. That included being yelled at, sent out of class and threatened with physical violence. They didn’t want it talked about that’s for sure.”

The absence of information left some to rely on (potentially unreliable) sources, like the internet:

 

“The sex-ed at high school was minimal. But for anyone who was not straight or cis-gendered, myself included, it didn’t exist. The internet became my best (but not always reliable) friend.”

 

“Another thing though, I noticed as a young bisexual, I never learnt in health class how to have safe sex with people my gender. I had to google it.”

 

Several respondents also described differential treatment of same-sex relationships at school:

 

“I go to a Catholic school and the teachers were happy with relationship between straight people, but my ex girlfriend and I were not allowed to even hug.”

 

“being reported to teachers for holding hands with my partner, being called into the student support teacher’s office and having her tell me that I would be happier in life if I was ‘having sex with a man’ instead of my girlfriend.”

 

“I wasn’t allowed to see my friends or girlfriend at recess of lunch. The school also rang my mum and my ex’s dad up and told them they were getting complaints about us hugging in the park. They told us we weren’t allowed to see each other at school. They made my ex go to the school psychologist because of it.”

 

This heartbreaking example shows just how poorly some same-sex relationships were treated:

 

“I went to [redacted] Anglican School, someone found out about my girlfriend who was at another Anglican school, rumours were spread and eventually the PE Teacher asked me to start changing in the disabled bathroom instead of the girls change room because it made the other girls uncomfortable and they didn’t want to have an incident. So I just kept forgetting to bring my PE gear and sat out most of the lessons getting misbehaviour notes and Friday detentions for not having my PE gear rather than have people talk about why I couldn’t use the girls’ change room.”

 

A number of people complained that they were unable to take their partners to their school formals:

 

“Had the option of 2 months of detention for skipping my formal because my partner was same sex or conform and take an opposite sex partner (my friends out of protest all skipped which I was so happy for).”

 

“Was forced into taking a female partner to the school end of year celebration, where people took their relationship partners, me and my boyfriend were made to take other female partners because it was ‘against the school policy and religion.”

 

For trans and non-binary students, the enforcement of binary school uniforms presented particular problems:

 

“Teachers forcing binary clothing options (girls only allowed to wear skirts, not slacks, and boys opposite), once again, detention for months until they realised I wasn’t going to budge on the subject.”

 

“Had to push hard to be allowed to wear my chosen uniform despite unisex uniform policies being DET required in NSW.”

 

“I wasn’t allowed to go to the bathroom in which I identified as. And… I was told to not come into school wearing the clothes I would like to present in and was demoted in my school musical because ‘I did not dance and sound like the gender I identify as.”

 

The ‘policing’ of bathrooms affected students and teachers alike:

 

“I was banned from using either bathrooms at school because I was transgender. Whenever I needed to go to the bathroom, I’d have to go ask for a key for the staff toilets at the office.”

 

“No gender-neutral toilets and general lack of supporting facilities. Teachers felt as though it was appropriate to send an email to the whole staff about my gender identity (and got it wrong), and then all of them felt as though they could openly discuss my gender with me, which honestly made me feel incredibly uncomfortable and my privacy invaded…”

 

“While being interviewed for a school, I was told that for my ‘safety and comfort, as well as the other students and staff’, I should use the single-stall disabled toilet, rather than the male (my chosen gender) toilets.”

 

The discrimination experienced by trans students and staff extended well beyond uniforms and bathrooms, including misgendering:

 

“I had a teacher constantly misgender me and feminise my name, then when I complained about it, she refused to teach me…”

 

“It was prior to coming out as transgender but I was referred to as a ‘stain on society’ and that queers like me deserve to ‘burn in hell.’”

 

“Bullying, misgendering and being told I would have to go in the girls group for a gender split day at school.”

 

“A few boys were making fun of my gender in maths class and the teacher did nothing about it, also in PE they say you have to go to one side if you’re a female and the other if you’re a male, being transgender I sat out until everyone started yelling at me.”

 

“Forming assessment in a gender-split way which forces me (non-binary person) to participate as part of the gender group assigned to me at birth. My data being void in statistics class because I answered ‘other’ on the preliminary gender question. Transphobic comments in lectures.”

 

“Filling out forms and listing my preferred name, including being outed on my first day by the wrong name being called.”

 

Bisexual students also faced ostracism:

 

“As a student, religious high school, sex ed. The topic of my sexuality (known at that time, and not much cared about by the student body beyond ‘hey, that exists’) was brought up by another student in relation to something. The teacher expressed that bisexuality is not real. On homework, tests, assignments, class discussion etc from that point on he would reaffirm this belief anytime he thought someone was acknowledging bisexuality, and would take marks off if he suspected someone thought it was real.”

 

Some parents shared stories of discrimination they, or their children, experienced because of their sexual orientation:

 

“As a young mum, I and my kids suffered other parents’ homophobia, eye balls rolling and turned backs. My kids had parents keep friends away from them, for parties, sleep overs etc. My name was mud.”

 

“Actually happened from being a lesbian mother. My daughter has two mothers and we are excluded from all the other parental social gatherings and most people move away from us when picking my daughter from school.”

 

“My son was bullied in year 7 when it got around that I’m gay. I complained to the school but no visible action was taken. We ended up changing schools. Both schools are Qld public schools.”

 

“Was not recognised as my son’s parent at public school in 2009.”

 

Homophobia, biphobia, transphobia and intersexphobia in schools can affect teachers, too:

 

“I was asked to leave the school because they discovered I was gay and were uncomfortable with me being around children.”

 

“As a teacher I was transferred by my employer from a small mining town as a solution to ongoing harassment for being gay.”

 

“I was asked to keep my status as a lesbian secret because the parents at the school may become abusive towards not only myself and my family, but the school community as a whole.”

 

“I’m working through applications to teach and update my gender and names through the DET portals, it’s impossible to do without calling the department and requesting personally, which they were still unable to do until is was escalated over the course of several months so that I could even BEGIN my application…”

 

“When I was teaching, at my last school, I was constantly bullied and harassed for being an openly gay teacher. The abuse got so bad that I had a mental breakdown and had to resign from teaching. It has taken years of therapy, that is still ongoing, to begin to recover from it.”

 

Some teachers specifically cited discrimination from religious schools:

 

“I had a long phone conversation with a music teacher at a Christian college all about offering me a job teaching singing there (one-to-one). The teacher was very enthusiastic and said it would simply need to approval of the school principal (I was very well qualified and very experienced). However, his reply came back that they would definitely not employ a transgender person.”

 

“As a gay man who teaches in a Catholic school I have to be very discreet about my true self. I am out to my friends but have to be careful with parents and the students. It breaks my heart each and every time I have to be vague about my partner of 8 years.”

 

“I was bullied in a job I held in a christian organisation. I wasn’t protected under the anti discrimination law because my lifestyle didn’t fit in with their christian values. I took the bullying and harassment to as far as I could. I ended up leaving the job because I couldn’t win.”

 

The most common type of story shared by survey respondents overall was discrimination against LGBTIQ students at religious schools:

 

“Catholic school in the 90s. Told teachers and headmasters about homophobia me and my friend received. We were told to act less girly (by the female deputy headmaster) so we’d fit in better. My friend was so horrified, he quit school that day, never to complete his education. I pressed on to finish year 12, but without my only friend.”

 

“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 try 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.”

 

“The religious boarding school that I attended had explicit rules against homosexual students, which carried the threat of expulsion (a sanction that was imposed on a fellow student).”

 

“I attended a religious high school (2003-2007). Discrimination was daily, from schoolchildren and staff, and ranged from forcing me to pretend that I was a girl, to physical abuse, threats of rape & murder, theft, exclusion & a lot of reinforcement that I wasn’t normal. I got a boyfriend and pretended that I was a cis-gendered female to make it stop. I also self-harmed hundreds of times and tried to kill myself twice.”

 

“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’m a trans boy who use[d] to go to an all girls catholic high school. I was told not to come out by the school counsellor and that there was nothing to be done that could help me. I wasn’t aloud [sic] to wear the sports uniform which was shorts and was forced to wear the dress. I had many teachers comment on my short hair in a negative way.”

 

“Christian [redacted] Brisbane, as it was known as at the time of my attendance, is a homophobia ridden school. If you were believed to be gay you had no chance of a good education. Students were allowed to bully you because you could not go to the teachers as the school had a tradition of informing parents and outing unprepared kids. Even when you had the support of good teachers, which was rare in that place, they could do only so much because they could only protect you so far. I was lucky where a few good teachers convinced me to leave and demand a change of schools. They are the ones who helped save my life. I would not have survived another two years in the homophobic discriminatory hell hole and my parents would not have been able to handle the school outing their daughter (even years later coming out to them had a major impact).”

 

“Took part in a public speaking competition, wrote a speech on equal rights for LGBTQIA individuals. Was told “that isn’t a very [school name] topic”. (The school was an Anglican school in Sydney’s eastern suburbs). When I came out at school, not only students but also some teachers made very inappropriate comments to me. One staff member interrogated me about what kinds of sexual feelings I was having; I was 13 and felt very pressured and uncomfortable, I started crying. The staff member didn’t seem to see anything wrong with the questions they were asking.”

 

“My 11yr old niece had a mufty day at her catholic school. I painted a pair of white shoes in rainbow pride colours. With PRIDE in black marker on them. She loved them, showed them off to her teachers who told her they were not appropriate school wear. And from more comments from her adult teachers she was so upset she had taken them off some time during the day and kept them off until we left the school. She told me her teachers would look angry at her and when I came to collect her I was told to pick her up from outside school grounds from now on (all other parents picked their children up from outside the classroom doors).”

 

Anti-LGBTIQ prejudice was reported via religious instruction:

 

“I was kicked out of a compulsory scripture class because a “friend” told the teacher I was gay.”

 

“Kicked out of religion class for being transgender.”

 

“My religious education teacher stopped speaking to me directly and began speaking to me via the person next to me when I came out as gay in year 10.”

 

“Comments made during the Christian Perspectives program at my school; that gays are the product of a dysfunctional family, that when the Lord comes all of the sinners and the gays will be swallowed into a black hole.”

 

“[redacted] High School was not exactly a safe space for an open homosexual-male student. Student culture was very homophobic. There were no educational support programs for LGBTIQ students at the School. Many teachers were homophobic, especially the scripture teachers from Hillsong…”

 

School chaplains were also a source of homophobia, biphobia, transphobia and intersexphobia:

 

“I went to a public school and the school chaplain, who was obviously religious, was friendly towards me until she learned I was bisexual and pagan, then she avoided me and told people I was going around trying to “convert” people.”

 

“This is complicated because I was not out in high school, but I found addressing gender issues in counselling with a chaplain at a non-religious college to be soul-crushing and the chaplain was dismissive and ignorant.”

 

“At school we were taught that LGBT+ folk were diseased by our school chaplain. It was very isolating.”

 

Anti-LGBTIQ prejudice didn’t stop at school, with many respondents citing discrimination at university. This particularly affected trans people:

 

“I work as a lecturer/tutor, was asked not to reveal trans status to students for fear of a social media storm.”

 

“One of my university lecturers misgendered me in an assessment and accidentally outed me as trans to my supervisor. When I pulled her up on it she brushed it off as though it was nothing.”

 

“Uni won’t use my preferred name which I changed legally but since my deadname is still my legal first name they ignored my requests.”

 

“my more recent discrimination is not direct discrimination, it’s related to my uni using my legal name instead of my real name, and the thought of either getting called by my deadname or coming out freshly to every new person I met caused me tonnes of stress and meant I never went to an entire subjects tutorial sessions, and I failed that subject, probably as a result of that.”

 

“Asked my supervising tutor for a reference for an LGBT scholarship. She refused because she didn’t think it was appropriate.”

 

“At a more immediate, interpersonal level, discrimination against LGBTIQ students at [redacted] can be still more overt. In one instance, I and some friends were gathered in a common courtyard of the university celebrating ‘Wear It Purple’ day. A member of non-academic staff approached us and challenged our right to be there without University approval. For context, this was a large area in which some fifty students were gathered in small groups having lunch. When we refused to move on, the staff member sought out a priest on campus, who harangued us about the fact that the University is built on church land and we cannot be there. This instance is not uncommon to the University – at times, LGBTIQ students are at risk of being confronted and publicly policed for the slightest representation of their LGBTIQ identity in a common space.”

 

The following examples of homophobia, biphobia, transphobia and intersexphobia seemed to sum up the experience of many:

 

when i was in grade 7 my teacher would tell the class about how he thought that gays were perverted and wrong. He did this on multiple occasions during lessons, including a time when he told us all that he wrote countless letters to the government to discourage them from legalising same-sex marriage. At the time I identified as a lesbian and he was one of the main reasons I developed a strong fear of being outed.”

 

“Rather than in-your-face discrimination, it is continually giving you messages that gay = bad or sinner. Plus all other people are included in daily conversation/engagement, but the queers are made invisible as though we do not even exist – e.g. no mention is made that we even exist, nor of our loving relationships, which are made out to not even exist. Promotion of invisibility and non-representation effectively invalidates and demoralises us. To be respected fully, you must be acknowledged as first existing, and secondly, to be of equal worth and standing to everyone else – this cannot happen if you are made to feel invisible.”

 

“…Not being allowed to mention sexuality or gender other than straight in assemblies or other mass school events. Sex education only catering for straight people. The assumption that everyone in the school is straight. Lack of support for queer people and the feeling that queer people should stay quiet about who they are and not mention love, whereas straight people are able to mention their love life and talk about it openly.”

 

And finally:

 

“There was an incident that occurred and my best friend at the time told my deputy principal that I was gay, so when I came in to be asked about what happened he asked if I was gay, I said yes and he replied with we can send you to the councillor [sic] to get that fixed.”

 

What really needs to be fixed is an education system that seems to foster anti-LGBTIQ discrimination rather than inclusion, and a love of learning – for everyone.

 

**********

 

Conclusion

 

The results of these four questions have confirmed that homophobic, biphobic, transphobic and intersexphobic discrimination in education is widespread, and has a significant impact on lesbian, gay, bisexual, transgender, intersex and queer Australians.

 

This includes 2 in every 5 LGBTIQ people reporting lifetime experience of such discrimination, with a shocking 1 in 7 reporting at least one instance in the last 12 months.

 

It also includes almost 15% of respondents experiencing adverse treatment at a religious school or college, which is particularly concerning given most states and territories permit these institutions to discriminate on the basis of sexual orientation and gender identity, leaving LGBTIQ students and staff without any legal protections.

 

As with previous results, this survey has also found that the impact of education-related discrimination is particularly felt by trans, intersex and queer people, younger people, and Aboriginal and Torres Strait Islander people. Programs that are implemented to address anti-LGBTIQ discrimination in education should pay particular attention to the needs of these groups.

 

As noted at the beginning of this post, this has been the fourth in my series of six articles reporting the results of my The State of Homophobia, Biphobia and Transphobia survey.

 

The remaining two articles, which will focus on discrimination in employment, and health and other areas, will be published later this month.

 

If you would like to receive updates of these results, please sign up to this blog: on mobile, at the bottom of this page, or on desktop at the top right-hand corner of the screen.

 

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If this post has raised any issues for you, you can contact:

  • QLife, Australia’s national telephone and web counselling and referral service for LGBTI people. Freecall: 1800 184 527, Webchat: qlife.org.au (3pm to midnight every day)

 

Footnotes:

[i] The previous posts can be found here:

Part 1: Verbal Harassment and Abuse

Part 2: Physical Abuse or Violence

Part 3: Where Discriminatory Comments Occur and Their Impact 

[ii] See: Back to School. Back to Discrimination for LGBT Students and Teachers

[iii] Students cannot be discriminated against in Tasmania or Queensland. Teachers cannot be discriminated against in Tasmania, and operate under a ‘don’t ask’ don’t tell’ scheme in Queensland.

[iv] 655 people responded to question 2: 236 yes/419 no.

[v] 661 people responded to question 3: 242 yes/419 no.

[vi] 322 people responded to question 1: 135 yes/187 no.

[vii] 48 respondents.

[viii] 35 respondents.

[ix] 636 people responded to question 1: 239 yes/397 no.

[x] 60 respondents.

[xi] 88 respondents.

[xii] 517 people responded to question 1: 206 yes/311 no.

[xiii] 86 respondents (for both questions 2 and 3).

[xiv] 369 people responded to question 1: 192 yes/177 no.

[xv] 93 respondents.

[xvi] 62 respondents.

[xvii] 12 people responded to question 1: 11 yes/4 no. Note that, given the small sample size, these percentages should be treated with some caution.

[xviii] 5 respondents.

[xix] 4 respondents.

[xx] 487 people responded to question 1: 227 yes/260 no.

[xxi] 108 respondents.

[xxii] 83 respondents.

[xxiii] The rates of trans people experiencing discrimination at religious schools or colleges was actually comparable to the overall cohort (16.8% versus 14.8%).

[xxiv] 43 respondents total, with 18 yes to question 1 and 7 yes to question 2.

[xxv] 57 respondents total, with 34 yes to question 1 and 14 yes to question 2.

[xxvi] 123 respondents total, with 66 yes to question 1 and 35 yes to question 2.

[xxvii] 186 respondents total, with 98 yes to question 1 and 51 yes to question 2.

[xxviii] 58 people responded to question 1: 29 yes/29 no.

[xxix] 11 respondents.

[xxx] 13 respondents.

[xxxi] 879 people responded to question 1: 381 yes/498 no.

[xxxii] 153 respondents.

[xxxiii] 431 people responded to question 1: 170 yes/261 no.

[xxxiv] 61 respondents.

[xxxv] 275 people responded to question 1: 102 yes/173 no.

[xxxvi] 25 respondents.

[xxxvii] 35 people responded to question 1: 6 yes/29 no. Note that, given the small sample size, these percentages should be treated with some caution.

[xxxviii] 2 respondents.

[xxxix] There may be a ‘recency effect’ in some of these answers, with people who left school decades previously potentially forgetting or downplaying anti-LGBTIQ they may have experienced. It is also possible that the increased openness of LGBTIQ in the school environment – which is obviously a positive overall – is also being met by an increased ‘backlash’ from people with homophobic, biphobic, transphobic and intersexphobic views.

[xl] 537 people responded to question 1: 201 yes/336 no.

[xli] 69 respondents.

[xlii] 72 respondents.

[xliii] 391 people responded to question 1: 165 yes/226 no.

[xliv] 49 respondents.

[xlv] 56 respondents.

[xlvi] 248 people responded to question 1: 107 yes/141 no.

[xlvii] 34 respondents.

[xlviii] 42 respondents.

[xlix] 151 people responded to question 1: 63 yes/88 no.

[l] 25 respondents.

[li] 17 respondents.

[lii] 134 people responded to question 1: 48 yes/86 no.

[liii] 22 respondents.

[liv] 20 respondents.

[lv] 108 people responded to question 1: 51 yes/57 no.

[lvi] 26 respondents.

[lvii] 20 respondents.

[lviii] 56 people responded to question 1: 20 yes/36 no.

[lix] 8 respondents.

[lx] 12 respondents.

[lxi] 21 people responded to question 1: 8 yes/13 no. Note that, given the small sample size, these percentages should be treated with some caution.

[lxii] 3 respondents for both question 2 and question 3.

[lxiii] In this context, lightly-edited includes:

-Removing identifying information

-Removing potentially defamatory comments and

-Removing offensive (for example, racist and even transphobic) remarks.

I have also corrected some spelling/grammatical mistakes for ease of reading.