Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

Anti-discrimination law exemptions don't strike the right balance between rights and freedoms

  • Written by: Cristy Clark, Lecturer in Law, Southern Cross University

Prime Minister Malcolm Turnbull has committed to holding a plebiscite on whether Australia should legalise same-sex marriage by the end of the year if the Coalition is returned to government.

One of the reasons debate around same-sex marriage is so highly charged is because it indicates a long-overdue shift in our cultural acceptance of LGBTI people, and a waning of the influence of the Catholic Church’s more conservative elements.

In light of this shift, Australia should also reconsider other remnants of its historic acceptance of institutionalised prejudice against LGBTI people – that is, the religious exemptions to anti-discrimination laws.

What are the exemptions?

The main religious exemptions to anti-discrimination law are set out in Sections 37 and 38 of the Sex Discrimination Act.

These exemptions allow religious organisations to discriminate in a range of ways. This includes discrimination against a person on the basis of their sexuality in relation to the employment of teaching staff, and the provision of education and training. This is provided that the discrimination is in:

… good faith in order to avoid injury to the religious susceptibilities of adherents of that religion.

The justification most often provided for these exemptions is the need to protect freedom of religion, which is provided for under Article 18 of the International Covenant on Civil and Political Rights (ICCPR).

However, this freedom is not absolute and must be balanced against other rights and freedoms – particularly the right to equality, which is protected under Articles 2 and 26 of the ICCPR.

The question we need to consider is whether our current system sets the right balance. What are the implications of permitting religious organisations to discriminate against LGBTI people?

What is the right balance?

Some religious exemptions, such as the one that applies to the ordination or appointment of priests and ministers, are relatively limited in their scope and capacity, with little effect on overall equality in Australian society. However, the same argument cannot be made in relation to their operation of religious schools.

Religious schools make up a significant proportion of the education sector in Australia and, significantly, receive a considerable amount of state funding. This gives the church enormous influence in Australian society, empowering it to impose its value judgements on people who do not share them.

The exemptions thus can have a serious effect on equality in Australian society. Under the current system, religious schools can (and do) threaten the employment of teachers who identify as LGBTI and deny support to students who similarly identify.

The situation for LGBTI students is particularly dire. Research has found that these young people experience far higher rates of bullying and depression than their peers, and are significantly more likely to attempt suicide as young adults. Schools that endorse prejudicial values have been found to exacerbate negative feelings for LGBTI students. Supportive school environments can make a difference to these appalling statistics.

By allowing this discrimination to continue – supported by state funding – Australia is sanctioning the denial of equal rights to vulnerable young people.

How do we approach the issue?

Some people argue the appropriate response is for individuals to simply boycott these institutions.

Given the dominance of Christian schools within the education sector, the threat to employment for LGBTI teachers imposes a high cost on their right to equality. The option to boycott is patently inapplicable when it comes to schools.

And, given it is mostly parents who select schools for their children, LGBTI students are not free to boycott schools that practise discrimination.

Human rights are not absolute, especially when they clash with the rights of others. If religious organisations want to be free to continue to practise discrimination in the name of Christian values, at minimum they should not receive taxpayer funding to do so.

The importance of supporting LGBTI young people within the education system has been receiving a lot of attention lately, particularly due to both the success of, and controversy surrounding, the Safe Schools Coalition. There have also been moves from within the Catholic education sector to review their approach to supporting same-sex-attracted students.

These are positive steps towards shifting the status quo in Australia. They help Australia move towards a society that better supports LGBTI young people regardless of where they go to school. However, these initiatives are voluntary and do little to protect the employment of LGBTI teachers. A more comprehensive approach is needed if we are going to move towards a truly equal society.

Authors: Cristy Clark, Lecturer in Law, Southern Cross University

Read more http://theconversation.com/anti-discrimination-law-exemptions-dont-strike-the-right-balance-between-rights-and-freedoms-61660

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

The Blossoming World of Fresh Flower Delivery: An In-Depth Exploration

In recent years, the demand for fresh flower delivery in Sydney has soared, driven in part by the ...

How Penrith SMEs Can Keep Stock and Equipment Working for the Business

For Penrith SMEs in 2026, efficient inventory starts with reliable stock data: what is on hand, wher...

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...