Federal Labor Under Fire Over Abandoning Protections for LGBTQIA+ Teachers and Students

Advocates have criticised Federal Labor for abandoning its commitment to protect LGBTQIA+ teachers and students in religious schools from discrimination under national law.

Labor has informed both Christian organisations and an LGBTQIA+ forum that it will not move forward with any legislation unless it gains bipartisan support from the Coalition, a move described by advocacy group Just.Equal Australia as effectively killing the reform.

Labor will not proceed without bipartisan support

Brian Greig, spokesperson for Just.Equal Australia, said the decision means protections are unlikely to progress if Labor retains government, unless the Greens, Teals and independents are able to force Labor’s hand.

“It’s a cop-out for Federal Labor to say it requires bi-partisan support on an issue the Coalition totally opposes,” Mr Greig said.

“Labor’s decision means that LGBTQA+ staff and students in faith schools can be subject to unfair treatment contrary to its own promise and to its LGBTQA+ mental health strategies.”

“Mr Albanese is trying to push blame for his Party’s internal divisions over this issue on to the Liberal Party.”

Opposition Leader Peter Dutton has made clear in his responses to religious lobby groups and LGBTQA+ election surveys that he supports maintaining special exemptions for faith schools to discriminate against LGBTQA+ students and staff.

Shadow Attorney-General Michaela Cash has gone even further, arguing that religious schools should have a ‘positive right’ to discriminate in employment – a move that would override existing state and territory protections.

At the 2022 election, the Albanese Government pledged to deliver federal protections and instructed the Australian Law Reform Commission (ALRC) to provide recommendations. The ALRC’s report supported ending discrimination against LGBTQA+ students and staff, but Labor has not acted, despite having the numbers in Parliament to pass the reforms.

“Mr Albanese refused offers of help from the cross-bench to pass the Bill, including Teals, Greens and Independents,” Mr Greig said.

“Federal reform promised by Labor, now abandoned, would have protected teachers and students in three states that have either delayed or ignored reform. It might also have made up for weaknesses in some state laws, given there is no national benchmark.”

“In the next term of Government hope for an end to discrimination in faith-based schools will lie with those Greens, Teals and other cross-bench members elected this Saturday.”

“We call on Green, Teal and independent candidates to make it crystal clear they will not only support an end to exemptions allowing discrimination, but will push for this overdue reform from day.”

Currently, protections for LGBTQA+ students and teachers vary across Australia. Discrimination has been outlawed to differing degrees in Tasmania, Victoria, Queensland, the ACT, and the Northern Territory.

However, it remains lawful for faith-based schools to discriminate in New South Wales, South Australia, and Western Australia.

Last year, the Minns Labor Government in New South Wales deferred any action on the issue, opting to wait for a report from its Law Reform Commission.

In Western Australia, an Equal Opportunity Report has prompted the Cook Labor Government to commit to reform during its current term. South Australia’s Labor Premier, Peter Malinauskas, has made no such pledge.

Polling by YouGov Galaxy, commissioned by Just.Equal in May 2024, found that 59% of voters oppose federal funding for faith schools that discriminate against LGBTQA+ teachers and students.