Don’t Rain on Our Parade

It’s reached that point in late February where, every day at 4:20pm, I visit the Bureau of Meteorology website to check the forecast for Saturday night’s Sydney Gay & Lesbian Mardi Gras Parade.

 

But, irrespective of whether the BoM says it will rain, hail, (smoke) or shine, there’s a much larger cloud hanging over Australia’s LGBTI community: the Morrison Government’s proposed Religious Discrimination Bill.

 

This legislation has the potential to adversely affect nearly every aspect of our existence.

 

From health-care, where it will allow doctors and pharmacists to deny hormone therapy, including puberty blockers, to trans and gender diverse people. And to refuse to provide access to PEP, and PrEP, exposing gay and bisexual men to greater risk of HIV transmission.

 

To the workplace, where employers and colleagues will be able to make comments that offend, humiliate, intimidate, insult or ridicule us, as long as those statements are based on religious belief.

 

A manager could tell a staff member that gay sex is sinful, and same-sex relationships are intrinsically disordered.

 

An interviewer may inform a trans applicant that gender is binary, and therefore their gender identity is not real.

 

A colleague could respond to a lesbian co-worker showing pictures of her family in the lunch-room that she has deliberately denied her children of a father, and will be condemned by god for her ‘lifestyle’ choices.

 

These are all entirely plausible scenarios. And all would be legally permitted under the Religious Discrimination Bill, because statements of belief are effectively exempt from all Commonwealth, state and territory anti-discrimination laws.

 

Indeed, statements of belief would be protected across all areas of public life, not just employment.

 

If this legislation passes, international tourists visiting Sydney this time next year could be subjected to degrading and demeaning comments anywhere and everywhere, at the airport, in the taxi or uber, on buses, trains and ferries, at the hotel or B&B, at tourist attractions, in cafes and restaurants, at shops and on the streets.

 

That sounds more like hate-song than ‘matesong’.

 

Except, once the party is over tourists will be able to leave these homophobic, biphobic, transphobic and intersexphobic comments behind, while LGBTI Australians will be stuck with them, like unshakeable glitter, invading every nook and cranny for years to come.

 

As a certain bank tried to remind us last week – and was then itself reminded by the community – ‘words do hurt’. It is unacceptable that our own Government is so focussed on ensuring we are all exposed to more hurtful words in our lives.

 

The Bill also further entrenches the special privileges granted to religious schools and other faith-based organisations to discriminate against teachers, other employees, students and, in some cases, people accessing their services, on the grounds of religious belief or lack of belief. Even where these services are being delivered using public funding.

 

It doesn’t explicitly grant new powers to religious schools to discriminate against LGBT teachers and students. But then it doesn’t need to, either – because those powers already exist under the Sex Discrimination Act and, despite promising to protect LGBT students before the end of 2018, the Morrison Government has so far failed to shield some of the most vulnerable members of our community.

 

The theme for this year’s Mardi Gras is ‘What Matters’. In pushing ahead with the Religious Discrimination Bill, despite criticism from LGBTI organisations and a wide range of other civil society bodies, while failing to protect students in religious schools, it is clear the right to be a bigot matters much more to them than the safety of LGBT kids.

 

Perhaps the most frustrating part of the current debate is that, from an LGBTI advocate’s perspective, it is a purely reactive one – defending existing rights under what are already-flawed anti-discrimination laws, rather than trying to make those laws better (for example, including bisexual, non-binary and intersex people in NSW’s out-dated Anti-Discrimination Act).

 

It takes attention away from other urgent law and policy reform, too.

 

We shouldn’t forget that this Saturday’s march takes place in a state where trans people still need to have surgery – which is both expensive, and for some people, unwanted – before being able to update their identity documentation.

 

And in a country where children born with variations in sex characteristics continue to suffer massive human rights violations, including coercive, intrusive and irreversible surgery and other medical treatments.

 

The Religious Discrimination Bill will take LGBTI rights in Australia backwards, when there is still so much progress left to be made, on these and many other issues.

 

It’s time the Morrison Government abandoned this legislative attack on our community, and instead worked with us to achieve positive change – maybe then we can finally celebrate under clear skies.

 

Mardi Gras flag

 

For more on this subject, see The Religious Discrimination Bill: What you should know.

 

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

Submission to Victorian Inquiry into Anti-Vilification Protections

The Committee Manager

Legislative Assembly Legal and Social Issues Committee

Parliament House, Spring St

East Melbourne VIC 3002

Submitted via: avpinquiry@parliament.vic.gov.au

Thursday 19 December 2019

 

To the Committee

 

Inquiry into Anti-Vilification Protections

 

Thank you for the opportunity to make a submission on this important subject.

 

I do so as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, having previously served on the Committee of Management of the Victorian Gay & Lesbian Rights Lobby (2004-05, and 2007).

 

In this submission, I will primarily focus on term of reference 8: ‘Possible extension of protections or expansion of protection to classes of people not currently protected under the existing Act.’

 

As the Committee is aware, Victoria currently only provides protection against vilification on the basis of two attributes – race (section 7) and religion (section 8) – under the Racial and Religious Tolerance Act 2001 (Vic).

 

From an LGBTI perspective this is incredibly disappointing, especially because the similar absence of LGBTI anti-vilification protections under Commonwealth law, which only covers race,[i] means that lesbian, gay, bisexual, transgender and intersex Victorians currently have no vilification protections at either level.

 

This stands in contrast to the laws of several other Australian jurisdictions.

 

For example, Tasmania protects against ‘incite[ment of] hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on the ground of’ sexual orientation,[ii] gender identity[iii] and intersex variations of sex characteristics.[iv]

 

Tasmania’s best practice legislation also prohibits ‘conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of an attribute’, which again includes sexual orientation, gender identity and intersex variations of sex characteristics.[v]

 

The Australian Capital Territory protects against ‘incite[ment of] hatred toward, revulsion of, serious contempt for, or severe ridicule of’ persons on the basis of gender identity,[vi] intersex status[vii] and sexuality.[viii]

 

Although I note that intersex advocates have called for protection of the attribute of ‘sex characteristics’,[ix] rather than ‘intersex status’, reflecting both the biological rather than identity-based nature of variations of sex characteristics, and to promote consistency with the Yogyakarta Principles plus 10.[x]

 

Queensland also prohibits the ‘incite[ment of] hatred towards, serious contempt of, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality or gender identity of the person of members of the group.’[xi]

 

Meanwhile, NSW has adopted two separate, and in some ways contradictory, approaches to vilification. It provides civil protection against vilification (which includes ‘incite[ment of] hatred towards, serious contempt for, or severe ridicule of’) to binary[xii] transgender people,[xiii] and lesbians and gay men.[xiv]

 

On the other hand, in 2018 NSW Parliament amended the Crimes Act 1900 to provide that ‘[a] person who, by public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence’ and nominated sexual orientation,[xv] gender identity[xvi] and intersex status.[xvii]

 

Overall, then, LGBTI people are protected against vilification in both Tasmania and the Australian Capital Territory, LGBT people are protected in Queensland, and lesbians, gay men and some trans people have access to civil protection in New South Wales, while all LGBTI people are covered by the narrower criminal offence of ‘publicly threatening or inciting violence’ in that state.

 

Of course, the fact other jurisdictions have adopted a different approach to this issue is not necessarily a compelling argument that Victoria should do the same. However, I do support such an expansion for two main reasons.

 

First, in principle, there is no reason why vilification on the basis of race or religion should be treated any differently to vilification on the basis of sexual orientation, gender identity or sex characteristics.

 

Vilification on any of these attributes is serious, and racial or religious vilification is no more serious than anti-LGBTI vilification. This is especially so given the harm caused by each type of vilification can be severe, and therefore the conduct which contributes to this harm should be prohibited, irrespective of whether it is racist, anti-religious or homophobic, biphobic, transphobic or intersexphobic.

 

Second, in practice, lesbian, gay, bisexual, transgender and intersex Australians remain exposed to unacceptably high rates of discrimination and vilification on the basis of who they are.

 

This was particularly demonstrated during the Commonwealth Government’s 2017 Same-Sex Marriage Postal Survey, and its lingering aftermath.

 

This unnecessary, wasteful and divisive vote on the rights of a minority group encouraged people to ‘have their say’ about LGBTI Australians, and inevitably (and, it should be noted, entirely predictably) stirred up significant amounts of public homophobia, biphobia, transphobia and intersexphobia against us.

 

Sadly, once the genie of anti-LGBTI bigotry was deliberately let out of the bottle by the Turnbull Liberal-National Government, it will take the rest of us many years, if not decades, of concerted effort to put it back in again.

 

This can be seen by the ongoing hate-based campaign targeting trans and gender diverse people, and especially trans children, which appears on an almost daily basis in our nation’s newspapers, and elsewhere.

 

As we enter the 2020s, the homophobia, biphobia, transphobia and intersexphobia whipped up by the Commonwealth Government in the last decade still haunts us, and will likely continue to do so for some time yet.

 

For both of these reasons, principled and practical, I urge the Victorian Parliament to follow the lead of other jurisdictions and introduce vilification protections on the basis of sexual orientation, gender identity and sex characteristics.

 

Recommendation 1: That the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit vilification on the basis of:

  • sexual orientation
  • gender identity, and
  • sex characteristics.

 

I note that the Racial and Religious Tolerance Amendment Bill 2019, introduced by Fiona Patten MLC, proposes to do exactly that. It also proposes to add gender, and disability, to the list of attributes that would be protected against vilification under that legislation.

 

While I am not an expert on gender or disability-based vilification, for (at least) the first of the reasons outlined above, I can see no good reason why Victorians should not also be protected against vilification on the basis of these attributes.

 

Recommendation 2: That the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit vilification on the basis of gender and disability.

 

One final issue I would like to address in this submission also arises through Ms Patten’s Racial and Religious Tolerance Amendment Bill 2019, and specifically relates to proposed amendments to section 24 of the principal Act which creates the offence of serious racial vilification.

 

These amendments would add the words ‘or recklessly’ to, and remove the words ‘the offender knows’ from, the fault element of this offence.

 

I support both changes. The first change would help create consistency with the offences established in other jurisdictions (including the recently-introduced NSW Crimes Act 1900 provisions).

 

The second would remove the ‘offender knows’ subjective test from this offence, which is important because such harmful conduct should be prohibited irrespective of whether the specific offender knew that was the likely outcome.

 

Recommendation 3: That serious vilification offences in the Racial and Religious Tolerance Act 2001 (Vic) be amended to prohibit intentionally or recklessly engaging in conduct that is likely to incite hatred, or to threaten, or incite others to threaten, physical harm or harm to property.

 

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

 

Sincerely

Alastair Lawrie

 

Fiona Patten

Fiona Patten MLC, whose Racial and Religious Tolerance Amendment Bill 2019 would protect LGBTI Victorians against vilification.

 

Footnotes:

[i] Section 18C Racial Discrimination Act 1975 (Cth).

[ii] Section 19(c) Anti-Discrimination Act 1998 (Tas).

[iii] Section 19(e) Anti-Discrimination Act 1998 (Tas).

[iv] Section 19(e) Anti-Discrimination Act 1998 (Tas).

[v] Section 17(1) Anti-Discrimination Act 1998 (Tas).

[vi] Section 67A(1)(b) Discrimination Act 1991 (ACT).

[vii] Section 67A(1)(d) Discrimination Act 1991 (ACT).

[viii] Section 67A(1)(g) Discrimination Act 1991 (ACT).

[ix] Darlington Statement, March 2017, Article 9: ‘We call for effective legislative protection from discrimination and harmful practices on grounds of sex characteristics.’

[x] Which defines sex characteristics as ‘each person’s physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.’ Yogyakarta Principles plus 10, 10 November 2017.

[xi] Section 124A Anti-Discrimination Act 1991 (Qld).

[xii] Because the definition of transgender in section 38A only protects a person:

(a) ‘who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or

(b) who has identified as a member of the opposite sex by living as a member of the opposite sex…’

[xiii] Section 38S Anti-Discrimination Act 1977 (NSW).

[xiv] Section 49ZT Anti-Discrimination Act 1977 (NSW).

[xv] Section 93Z(1)(c) Crimes Act 1900 (NSW).

[xvi] Section 93Z(1)(d) Crimes Act 1900 (NSW).

[xvii] Section 93Z(1)(e) Crimes Act 1900 (NSW).

She who should not be named (on a tennis stadium)

The 2020 Australian Open starts tomorrow. As a long-term tennis fan, it is one of my favourite times of the year (although sadly I won’t be there in person this time around). As a long-term LGBTI advocate, however, I am not looking forward to the next fortnight – primarily because there will be considerable attention on a certain former Australian women’s tennis player.

Not just because the third largest court is named after her, but also because this year marks the 50th anniversary of her calendar-year grand slam – which was, admittedly, a remarkable achievement (for context, only one singles player, male or female, has repeated this feat in the half-century since: Steffi Graf in 1988).

Given we won’t be able to avoid this topic in the days ahead, I thought I would share my perspective on what should happen when Tennis Australia commemorates Margaret Court’s accomplishment, and why they should permanently remove her name from Margaret Court Arena.

I should start by saying what this is not about. It’s not about her opposition to marriage equality. Despite seeking to discriminate against LGBTI couples under secular law, she was entitled to her opinion, no matter how wrong it was (and thankfully the majority of Australians decided she was indeed very wrong).

On the other hand, it is about Margaret Court being a vocal opponent of the equalisation of the age of consent in Western Australia in 2002 (which is actually when, as a queer activist at university, I first came across her bigoted views). For those who don’t know, she literally campaigned for young gay and bisexual men, aged 16 to 20, to remain subject to criminalisation, including the threat of imprisonment, simply because of who they were.

That, to me, went beyond the pale. This was not simply a difference in policy – she used her position of influence in political debate to target vulnerable members of our community. That incident alone should be sufficient to mean she is not celebrated by Tennis Australia – or indeed anyone with a conscience.

Although unfortunately it was not the last time Margaret Court would attack LGBT young people. As recently as three weeks ago, she reportedly described trans kids as being the work of the devil (“That LGBT in the schools, it’s of the devil, it’s not of God… you know when children are making the decision at seven or eight years of age to change their sex. Just read the first two chapters of Genesis, that’s all I say. God made male and female”).

Court’s list of tennis records might be long, but her record of homophobic, biphobic and transphobic statements is much, much longer (noting that these are just a couple of examples out of many I could have chosen).

Of course, some people might respond by saying that the above actions are unrelated to tennis, and she should be judged solely on her sporting career. The only problem with this defence is that she has an equally lengthy history of anti-LGBT prejudice in relation to tennis.

As far back as 1990, Court criticised out lesbian champion Martina Navratilova (“a great player but I’d like someone at the top who the young players can look up to. It’s very sad for children to be exposed to homosexuality. Martina is a nice person. Her life has just gone astray”) and famously said that lesbians were ruining tennis.

In the three decades since, her views have not evolved, although who she attacks has – Margaret Court now adds trans tennis players, and trans women athletes in particular – to her growing list of targets (“ And you know with that LGBT, they’ll wish they never put the T on the end of it because, particularly in women’s sports, they’re going to have so many problems”).

But, out of the many hateful and hurtful ‘contributions’ Margaret Court has made to public life over the years, there is one that stands out in my memory, for all the wrong reasons. In 2013, following the birth of Casey Dellacqua and her partner Amanda Judd’s first child, Margaret Court wrote the following newspaper letter to the editor:

 

Fathers for babies

The article (Dellacqua, partner welcome baby boy, 29/8) rightly celebrates the birth of a child. Yet it is with sadness that I see that this baby has seemingly been deprived of his father.

If we continue to dismantle the traditional family unit as old fashioned, archaic and no longer even necessary or relevant, we will create a fatherless generation.

Indeed, the lines are becoming increasingly blurred as the march towards such partnerships, even gay marriage, is fuelled by minority voices rising in opposition to respected Christian beliefs which many cultures also believe.

For the person who is birthed with no exposure, or even acknowledgement, of their natural dad there will always remain questions as to their identity and background.

Personally, I have nothing against Casey Dellacqua or her “partner”.

I simply want to champion the rights of the family over the rights of the individual to engineer social norms and produce children into their relationships.

As a patron of the Australian Family Association, I really want to see a society where traditional family values are still celebrated and every child has the best possible start in life.

Margaret Court, Victory Life Centre

 

Note this was not simply an expression of her views about ‘rainbow families’ in general, it was specific criticism of one such family in particular. It was a pre-meditated attack on a couple at a time when they should have been celebrating something precious and wonderful, not being subjected to unfair commentary because of their sexual orientation.

And, contrary to Court’s protestations (‘I have nothing against Casey Dellacqua or her “partner”’), the use of scare quotes there says everything you need to know about her level of disrespect towards them.

Nor can this episode be divorced from Court’s tennis career. The letter was written by a former Australian tennis player, about a then-current Australian player – and this context was no doubt influential in ensuring it was published.

The truth is that, as much as Margaret Court was a champion on the tennis court, she has been the exact opposite off it. And, because of her actions – including the attack on Casey Dellacqua and her family – it is impossible to separate the two.

That is why, whenever Tennis Australia chooses to commemorate the 50th anniversary of Margaret Court’s calendar grand slam during the next fortnight, I hope the crowd at Melbourne Park (respectfully) turn their backs on her. And if she is given the opportunity to speak, I hope they cover their ears too – because she has abused far too many platforms, over far too many years, to demean and denigrate lesbian, gay, bisexual and transgender Australians.

It is also why she should not be named above the third largest court there. While Court may have been a tennis star in the 1960s and 1970s, everything she has done since means she has nothing to offer in the 2020s and beyond (she is definitely not a role model for the current generation of players – ask yourself, have you ever heard any Australian player, including our recent champions Sam Stosur and Ash Barty, say they look up to Margaret Court? Definitely not).

What makes this decision even easier is that there is such a clear alternative. A seven-time major winner in singles, and former world number one, from the 1970s and 1980s. An Aboriginal champion, who used her post-playing career to give back to Aboriginal young people (her Companion of the Order of Australia recognised her “eminent service to tennis as a player at the national and international level, [and] as an ambassador, supporter and advocate for the health, education and wellbeing of young Indigenous people through participation in sport, and as a role model”).

Once the 2020 Australian Open wraps up on Sunday February 2, it’s time to take down the signage for Margaret Court Arena, and put up a new name in its place: Evonne Goolagong Cawley Arena.

Margaret-Court-Arena-Gal2

2020 should be the last year Margaret Court’s name appears above the third court at Melbourne Park.

Submission to Victorian Government Consultation on Banning Conversion Practices

The Victorian Government is currently consulting on legislative options to ban conversion practices, including ‘ex-gay therapy’ and ‘ex-trans therapy’. Submissions close 24 November 2019, with more details here. The following is my personal submission:

 

**********

 

Thank you for the opportunity to provide this submission in response to the Discussion Paper: ‘Legislative options to implement a ban of conversion practices.’

 

I write this as a long-term advocate for the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, as someone who survived five years at an explicitly homophobic religious boarding school in Queensland in the early 1990s,[i] and as someone who has written on this issue previously.[ii]

 

While I am not Victorian, given early-adopting jurisdictions will be effectively setting the standard for other states and territories to follow (including my current state of NSW), I am interested to ensure that the scheme introduced by the Victorian Government is as strong as possible.

 

On that basis, my answers to the consultation questions are as follows:

 

Do you agree with the HCC’s definition?

Would you suggest any changes?

Should the definition of conversion practices be broad enough to capture the practices that do not involve health services or counselling?

What treatments and practices should be expressly excluded from the definition?

 

The Health Complaints Commissioner’s definition appears reasonable. It is particularly important that the second part of the definition – ‘including efforts to eliminate sexual and/or romantic attractions or feelings toward individuals of the same gender, or efforts to change gender expressions’ – is retained.

 

This is because the harms caused by conversion practices arise exclusively in the context of activities trying to prevent people from identifying as lesbian, gay, bisexual or transgender.

 

There is no evidence of harmful ‘conversion practices’ in the other direction (forcing people to be LGBT), and therefore care should be taken to ensure that support services for LGBT people, and especially LGBT children and young people, are not inadvertently captured in any definition of conversion practices.

 

The definition should, however, capture anti-LGBT conversion practices outside health services or counselling. Conversion practices are basically psychological torture and as such they should not be acceptable in any context.

 

There may nevertheless be scope for increased penalties, or additional regulatory responses, where these practices occur in health services or counselling given the duty of care involved in these settings.

 

Who do you think should be protected?

Should protection be limited to children and people experiencing vulnerability? If so, what vulnerable groups should be included?

Should protection be available to all members of the community?

In what ways do you think the issue of consent is relevant to determining who should be protected?

 

I think all people should be protected, including adults. Again, my starting position is that conversion practices are psychological torture. And torture is not acceptable in any context, or with respect to any victim.

 

We should also remember that an adult who seeks out conversion practices has likely grown up in a homophobic, biphobic or transphobic environment, and that the cumulative effect of years or even decades of this bigotry and intolerance is probably the primary causative factor in them agreeing to participate in such harmful activities. It is therefore not truly free and informed consent.

 

Of course, there are some groups who are particularly vulnerable, including children as well as people with mental ill-health or other reasons for diminished legal capacity. The penalties for engaging in conversion practices aimed at these vulnerable groups could be made higher than for other adults (for example, by making the vulnerability of the victim an aggravating factor in sentencing).

 

Who do you think should be banned from providing conversion practices?

Specific professionals or persons? Or everyone who offers conversion practices?

 

These practices should be banned by anyone. There is no justification to allow psychological torture in any context.

 

There may however be reasons to provide additional regulatory responses for health practitioners, including counsellors, who engage in these practices (including referring people to these practices). This could include being suspended, or deregistered from providing any health services in the future, in addition to criminal or other penalties which apply to everyone.

 

Do you think conversion practices should be regulated wherever they occur or only in certain contexts or places?

 

If only health professionals are regulated, then again it should not matter where the conversion practices take place, because psychological torture should be prohibited wherever it occurs. It is a breach of the duty to care for patients for health practitioners to engage in these practices, or to refer others to them, in any context or place.

 

Do you think conversion practices should be regulated through criminal law, civil regulatory schemes or civil laws, or a combination of these?

What aspects of each approach would be effective in regulating conversion practices?

What aspects of each approach would be less effective in regulating conversion practices?

 

Given the abhorrent practices involved, and their harmful consequences on the lives of victims, I believe there should be criminal penalties for providing conversion practices, and for referring people to conversion practices.

 

This is a proportionate response to the seriousness of the underlying offence, and necessary to send a signal to the community that such practices will not be tolerated, any time, any where.

 

However, acknowledging the potential difficulty in criminal prosecution in these areas, these laws should be supplemented by civil regulatory sanctions, enforced by the Health Complaints Commissioner, Commissioner for Children and Young People or another similar body.

 

Finally, victims of such practices should be able to make claims of negligence against the people providing them, especially where it involves health practitioners and/or counsellors. Again, this is in recognition of the damage caused to their lives. Any laws necessary should be changed to allow this outcome, and provide financial redress for the victims.

 

What rights do you think are relevant to consider when determining how best to implement a ban of conversion practices?

Can the impact on these rights be justified in light of the harm conversion practices cause?

 

The most important rights in terms of this debate are the right to health, and the right to non-discrimination (given conversion practices are an attack on people with diverse sexual orientations and/or gender identities).

 

I acknowledge that there may be an adverse impact on freedom of religion, in that some individuals and organisations may assert that these practices are in line with their religious beliefs against LGBT identities.

 

However, their religious beliefs do not justify the imposition of psychological torture on others, including children and vulnerable people. In the same way that religious beliefs do not justify physical torture, including female genital mutilation, a position already reflected in Australian law.[iii]

 

Are there other matters that you consider critical for the design of legislation or effective implementation?

 

I reiterate my view that the approach adopted in states like Victoria will exert considerable influence on the position that will ultimately be embraced in others states and territories. As such, I strongly encourage the Victorian Government to introduce the strongest possible ban on these abhorrent practices, for the benefit of LGBT people nation-wide.

 

Thank you in advance for taking this submission into consideration. Please do not hesitate to contact me at the details supplied should you require clarification or additional information.

 

Sincerely

Alastair Lawrie

 

Footnotes:

[i] See The Longest Five Years.

[ii] See Criminalising Ex-Gay Therapy August 6, 2018; Submission to NSW Parliament Inquiry into False or Misleading Health Practices re Ex-Gay Therapy and Intersex Sterilisation 16 June, 2014.

[iii] And, hopefully, one day religious beliefs will not be used to justify male genital mutilation/circumcision either.

Stonewall 50: Bouquets & Bricks

Today marks 50 years since the Stonewall Riots, a key moment in the history of LGBTI rights activism, both in the United States and around the world.

 

In a different world I had hoped to be in New York, attending the World Pride celebrations marking this significant anniversary – although unfortunately sometimes the more mundane parts of life, like mortgage payments, have other plans.

 

I wanted to be there to pay my respects to the activists who have come before us, and on whose shoulders we stand, who have paved the way towards the improved rights and increased acceptance many of us enjoy today.

 

Even though I may not be there in person I can still honour their achievements in my own small way, on this somewhat niche LGBTI rights blog, on the other side of the globe.

 

Thank you to the brave people at the Stonewall Inn who, in the early hours of June 28 1969, fought back against police oppression, and fought to end the injustice that was ubiquitous in the lives of queer people at that time.

 

Thank you to the trans and gender diverse people, the drag queens and the people of colour who have been at the forefront of this battle from the very beginning.

 

Of course, the Stonewall Riots was not the first instance of LGBTI people fighting back against abuse and mistreatment. Thank you too to the people at Compton’s Cafeteria, and Cooper Do-nuts, and likely other instances of queer rebellion that have been lost to history, because we were not the ones who were writing it.

 

Nor was Stonewall the starting point for LGBTI rights within the United States, with groups like the Mattachine Society and Daughters of Bilitis undertaking the comparatively-boring legal reform work – but who, in doing so, took far greater risks than we could possibly appreciate today.

 

Obviously, the story of LGBTI activism did not begin and does not end with the US either (a mistake we make all-too-often, especially on anniversaries like this).

 

Thank you as well to the countless campaigners for our rights around the world, from the advocates for homosexual recognition in Germany in the second half of the 19th century, to the courageous people fighting for decriminalisation in the 69 countries where homosexuality remains illegal today (hopefully 68 later this year, if Bhutan’s upper house passes the Bill before it).

 

Looking closer to home, Australia’s most-famous instance of queer people celebrating amidst the spectre of police brutality had its own 40th anniversary just last year. Thank you to the 78ers, whose courage at that first Sydney Gay Mardi Gras helped inspire the generations here that followed.

 

Just as in the US, however, Mardi Gras was not the starting point for LGBTI rights in Australia.

 

Thank you to the people who stood up in the preceding decade, from the formation of the Homosexual Law Reform Society of the ACT in July 1969 (just one month after Stonewall, and who will celebrate their own 50th anniversary in four weeks’ time), through the early 70s activism of groups like Campaign Against Moral Persecution (CAMP for short), to the decriminalisation advocates in South Australia and elsewhere.

 

Thank you to the people who responded to the HIV/AIDS crisis in the 1980s, which decimated our community when it had only just begun to emerge from the darkness. You fought for your lives – and for all of us – and in doing so you kept the (candle)light alive.

 

Thank you to the HIV activists today, who understand that this struggle is not over.

 

Thank you to the law reformers, who over decades have secured the building blocks of legal equality, from anti-discrimination protections, to relationship recognition and most recently the right to marry the person we love.

 

Thank you to the trans and gender diverse activists, who have been fighting – against even greater resistance – for the right to live the lives you were always meant to. The battles for access to birth certificates and identity documentation, and health care, are not over.

 

Thank you to the intersex activists whose struggles seem bigger still. Many of whom are survivors of gross violations of the human right to bodily autonomy, but who speak out to stop those same coercive surgeries and treatments from being inflicted on others. And who must fight against the indifference of politicians, the arrogance of medical professionals and too-often the ignorance of other members of the LGBTI community.

 

Thank you to the queer people of colour, and especially to Aboriginal and Torres Strait Islander LGBTI people, who fight not just against homophobia, biphobia, transphobia and intersexphobia, but also against the racism that lies at the heart of our country (and, sadly, within our own community too).

 

As can be seen from the above, the incredible progress made so far on LGBTI rights has been achieved because of the work of more than any one particular individual or organisation. We have all played a role.

 

From the brave people who threw the first bricks at Stonewall. To others who have thrown bricks through the legal, social and cultural discrimination which LGBTI people all-too-commonly faced. And everyone who has thrown their own bricks through the closet of invisibility and shame that too many people have endured.

 

With those bricks we have built ourselves a community, and a home, where more people than at any point in history can feel accepted for who they are, no matter their sexual orientation, gender identity or sex characteristics.

 

But, as we all know, the house of LGBTI rights remains incomplete – there is still much unfinished business, in Australia, the United States and around the world, before all lesbian, gay, bisexual, transgender and intersex people can finally be considered ‘free & equal’.

 

Which means we need more (metaphorical) brick-throwers, to smash down the walls of homophobia, biphobia, transphobia and intersexphobia that keep many LGBTI community members imprisoned.

 

So today, as we celebrate Stonewall 50, and give thanks to the LGBTI activists who have made our world a better place, we should take a moment to reflect on what each of us can do, what we should do, and what we must do, to carry on their work.

 

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

 

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Treasurer Frydenberg, Please Abolish the National School Chaplaincy Program

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here

 

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.

 

Update: 12 April 2019

Treasurer Frydenberg handed down the Commonwealth Budget on Tuesday 2 April 2019. Unfortunately, although perhaps not unexpectedly, the Treasurer and the Morrison Liberal-National Government have decided to continue funding for the National School Chaplaincy Program, with $61.4 million committed for each of the next four years.

However, while not unexpected, it remains a disgraceful decision, and an unjustifiable waste of $245.6 million in taxpayers money, on a scheme that is discriminatory against people who are not christian, and inherently harmful for LGBTI students in particular.

With a federal election now scheduled for Saturday 18 May 2019, it is up to the Australian public to vote out a Government that prefers to subsidise the religious indoctrination of children rather than genuinely support student welfare.

 

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] 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

This post is part of a series looking at the unfinished business of LGBTI equality in Australia. You can see the rest of the posts here.

 

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.

 

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

 

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] 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.