WEL supports revisions to the Sex Discrimination Act to prevent discrimination by religious schools

WEL was shocked by the recent dismissal of music teacher ‘Charlotte’ from a Christian secondary school in Sydney, on the basis that a parent had complained that she was in a lesbian relationship.

Section 38 of the Federal Sex Discrimination Act allows religious schools to discriminate against teachers, students and workers on the basis of ‘sex, sexual orientation, gender identity, marital or relationship status or pregnancy’. Perceived infringers of rigid patriarchal gender norms are targeted by this long standing and cruel exemption, inserted to placate religious Senators during the 1983 passage of the Act.

Following an inquiry the Australian Law Reform Commission has recommended that the Act be revised to explicitly forbid religious educational institutions from discriminating on the basis of “sex, sexual orientation, gender identity, marital or relationship status, or pregnancy” against teachers, all other workers, and students’. 

The Government has drafted revisions to the Act in line with the ALRC’s recommendations. We are alarmed that the Opposition appears to be stalling on the revised Bill in the face of strident campaigns from some (but not all) faith organisations. Along with our allies we call on the Government to table the Bill and seek support in the Senate from Independents and the Greens.

Charlotte should be able to remain at the school, appreciated as a member of her Faith community and as a brilliant music teacher.