Religious review proposes to make permanent religious schools to turn away LGBTI teachers and students

Religious review proposes to make permanent religious schools to turn away LGBTI teachers and students

The bakers, florists and limo drivers of Australia  and other serivce providers will still be prevented from discriminating against LGBTI people, as recommended by the religious freedom review, according to Fairfax Media. The religious freedom review that was headed by Philip Ruddock has recommended that there be religious schools be permitted to turn away LGBTI teachers and students. The review was handed to the Turnbull government four months ago and has not been released for public scrutiny.

In the words of Fairfax Media:

“The report calls for the federal Sex Discrimination Act to be amended to allow religious schools to discriminate against students on the basis of sexual orientation, gender identity or relationship status – something some but not all states already allow.”

The proposed step would be a step backwards for LGBTI students. For example, in the ACT there is no exemption for discrimination against LGBTI students. Section 46 of the Discrimination Act 1991 (ACT) provides:

“Section 18 does not make unlawful discrimination on the ground of religious conviction in relation to a failure to accept a person’s application for admission as a student at an educational institution that is conducted solely for students having a religious conviction other than that of the applicant.
Note     The Legislation Act
, dict, pt 1 defines fail to include refuse.”

Therefore while a Catholic school could refuse to admit for enrolment a Muslim student, it cannot refuse to enroll (or discriminate against the student at school) a student who is a Catholic, but happens to be lesbian, gay, bisexual, trans or intersex.

However the panel:

“… did not accept that businesses should be allowed to refuse services on religious grounds, warning this would “unnecessarily encroach on other human rights” and “may cause significant harm to vulnerable groups”.

The review also found civil celebrants should not be entitled to refuse to conduct same-sex wedding ceremonies if they became celebrants after it was was legalised.

The review does not recommend any changes to the Marriage Act. Nor does it recommend a dedicated Religious Freedom Act – championed by several major Christian churches – which would have enshrined religious organisations’ exemptions from anti-discrimination laws.
“Specifically protecting freedom of religion would be out of step with the treatment of other rights,” the report found.”

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

International Surrogacy Insights: Join Me at the Growing Families Conference

International surrogacy can open extraordinary possibilities for intended parents, but it also comes with legal complexity that should never be underestimated. The rules are different from country to country, sometimes from state to state within the same country, and what looks straightforward at the beginning can become very complicated once parentage, citizenship, travel and documentation… Read More »International Surrogacy Insights: Join Me at the Growing Families Conference

30 Years a Specialist & 21 Years Together: The Page Provan Story

Some anniversaries arrive with fanfare. Others sneak up quietly and then suddenly feel enormous. At the end of June and the beginning of July 2026, two milestones sit side by side. One marks 30 years as an accredited family law specialist. The other marks 21 years working alongside Bruce Provan. Together, they say something important… Read More »30 Years a Specialist & 21 Years Together: The Page Provan Story

Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Pride Month means different things to different people. For some, it is celebration. For others, it is remembrance, protest, relief, or the simple comfort of being seen. For LGBTQIA+ parents in Australia, Pride can also carry a very specific weight. It can be about family, legal recognition, and the fight to ensure children are protected… Read More »Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board