Senate debates

Monday, 26 November 2018

Committees

Legal and Constitutional Affairs References Committee; Report

8:03 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | Hansard source

This report of our Senate inquiry into discrimination against lesbian, gay, bisexual, transgender and queer people in schools is incredibly important and very timely. The inquiry has brought to light important evidence demonstrating just how damaging, how dangerous and how harmful discrimination against LGBTQ+ people in faith based schools is. The Greens introduced an amendment to the original motion setting up this inquiry to ensure that the final reporting date was today, not next year, because removing discrimination in faith based schools is urgent. I want to thank the committee for the incredible work they have done in bringing together the evidence and drafting the report that has resulted in us being able to report today.

Removing discrimination is urgent. Even the Prime Minister recognised that, last month. He said that we needed to act now, that we needed to act urgently, to remove discrimination against students in school. During the hearing of the inquiry and in the submissions that were made to the inquiry we heard how urgent it was from the LGBTQ+ people who gave evidence about their experiences being discriminated against in religious schools. We heard very many moving personal stories, including from a trans woman who was fired from the Catholic school that she had worked at and still can't find a new job, six months on, with Christmas around the corner and five dependants to provide for.

We heard from gay, lesbian and bisexual teachers who are afraid to be themselves at school. They are not out to their colleagues. They're having to pretend that their partner is just a friend, having to do things like attending the school formal and not being able to hold the hand of their partner.

We were told by some of the schools that presented evidence to the committee that, yes, they didn't want to discriminate against people just on the basis of their same-sex attraction or their gender diversity, but they were advocating for it. They weren't able to tell me whether a couple holding hands, say at the school speech night, was advocacy or not.

This is discrimination. This is Australia in 2018. It's where we passed marriage equality just on a year ago, where we pride ourselves on celebrating our diversity. In Australia in 2018, discrimination has no place in any of our schools, whether they are faith based schools or public schools, whether they are primary schools, secondary schools or tertiary institutions.

The Greens welcome and support the report's recommendations to remove discrimination against students. However, we consider that the recommendations do not go far enough. The Greens' additional comments expand on them. We are calling for discrimination to be removed against teachers and other school staff as well. There are simply no grounds for any further delay in removing discrimination for all people in all of our schools.

Schools should be discrimination-free zones for all LGBTQ+ people, regardless of whether they are a student, a staff member or a rainbow family. The school is such an important place in shaping young minds and is an arena in which young people develop their sense of self. It's an area that should be protected, where young people are not discriminated against by their peers or the institution in which they learn. It's important that young people aren't growing up soaking up a message that the legal and political system allows discrimination against same-sex-attracted and gender-diverse teachers and staff. It's important that teachers and staff as well as students feel safe in the school environment. Our schools should be teaching our kids about respect and about equality. What message does it send to young people if LGBTIQ+ staff can be fired just because of who they are? There is no clear rationale as to why these legal protections should extend to people under the age of 18 yet teachers and staff can be fired or not hired.

We heard from experts and members of the community during this inquiry about the effect that these exemptions have on the mental health of LGBTQ+ students and teachers, who already face poorer health outcomes than the broader community. Every day that we delay removing discrimination, those poor mental health outcomes continue.

In fact, just today, 46 principals of faith based schools across the country have written to the Prime Minister adding their voice, calling for the ability for religious schools to discriminate against LGBTIQ+ students, teachers, staff and families to be removed. Two of the principals of these schools, the principals of Overnewton college and Carey, were people who gave very moving evidence to the inquiry about how they felt that discrimination against people on the basis of their sexuality or their gender identity had no place in their faith based schools. Some of the things they wrote include:

We are convinced that our faith-based schools can maintain their religious values, beliefs and ethos without recourse to discrimination based on sexual orientation or gender identity.

In our view, religious exemptions that permit discrimination have no place in our schools.

Discrimination in any form is unacceptable. It jeopardises the safe and supportive school environments that are so central to our mission. It undermines the potential of individuals and the cohesion of communities.

Our shared religious ethos and values define the nature of our communities, and those same values call us to welcome families, however they are formed and whatever they look like. Our schools are deeply enriched by this diversity. This welcome to all people gives physical expression to the values and ethos we espouse.

I commend these 46 schools for making this public statement and for ensuring that their schools and school communities are safe places for all LGBTQ+ people. These principals understand that schools should be discrimination-free zones and that continuing discrimination in our schools is out of step with modern Australia.

Last year, Australians voted overwhelmingly for equality, not more discrimination. Recently, a survey conducted after the Ruddock report was leaked found that 74 per cent of Australians believe that we should protect LGBTQ+ people in schools. Of course, this happened when the heat was on during the Wentworth by-election, and soon enough both the Labor Party and the Liberal government had promised the Australian people that they would remove discrimination in schools within a fortnight. That time has come and gone. Labor and the Liberals need to stop delaying this important reform and act on the promise given to Australians to remove discrimination against all same-sex attracted and gender diverse students, teachers and staff in our schools.

With regard to the protection of freedom of religion, yes, let's move on establishing a charter of rights so that we can include protecting religious freedom in our human rights framework. Let's act on that. Let's do that. That's how we can balance religious freedom versus discrimination. But with regard to the very simple issue before us today, which this report is considering—removing discrimination against students, teachers and other staff—we need to move on that urgently. We cannot wait for the political support for a charter of rights. We need to catch up with countries like us all around the world where such discrimination is not allowed. We should have no more delays, no more excuses, no more ifs and no more buts. We need to remove discrimination from our schools now.

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