A major United Nations review has urged Australia to end legal exemptions that allow religious schools to discriminate against LGBTIQ+ students and staff.
Australia was examined this week by other UN member states as part of the Universal Periodic Review (UPR) at the Human Rights Council in Geneva – a comprehensive review of each member nation’s human rights record, conducted every four and a half years.
In its fourth UPR, Australia received nearly 350 recommendations from over 120 countries, with several nations – including Belgium, Iceland, and Mexico – specifically calling on the government to remove exemptions that permit religious schools to legally discriminate against members of the LGBTIQ+ community.
Legalised Discrimination in Publicly Funded Schools
The current Sex Discrimination Act (1984) includes exemptions for religious educational institutions, allowing them to lawfully discriminate against individuals based on their sexual orientation, gender identity, sex, marital or relationship status, and pregnancy – despite receiving significant public funding.
“Despite receiving millions in public funding, these schools are legally empowered to discriminate,” said Equality Australia Legal Director Heather Corkhill.
“They can sack gay or trans teachers, deny promotions to unwed mothers or divorcees, and prevent LGBTQ+ students from enrolling or taking on leadership roles.”
‘Out of Step with International Law’
International Advisor Savanh Tanhchareun said Australia is falling behind global human rights standards – and public opinion.
“It’s embarrassing to see Australia falling behind other countries that view protecting staff and students in religious institutions as a basic human right,” they said.
“I know that many people are shocked to discover that religious schools can fire teachers for getting divorced and suspend students who come out as gay or trans.”
“We want to believe that Australia values fairness and equality, but on the global stage, our laws are painting a very different picture.”
Labor’s Broken Promise and Stalled Reform
Ahead of the 2022 election, the Albanese government committed to removing these exemptions. However, progress stalled after a draft bill failed to gain bipartisan support. Labor has since told both religious groups and LGBTQIA+ communities that no legislation will be advanced without support from both major parties.
This leaves LGBTIQA+ students and teachers in religious schools vulnerable to discrimination and unfair dismissal, with no clear timeline for reform.
Public Support and Law Reform Commission Findings
In 2024, the Australian Law Reform Commission released a report revealing strong public backing – including from people of faith – for removing these exemptions.
The report recommended religious schools should still be allowed to prefer staff of the same religion where “reasonably necessary and proportionate”, but not discriminate on other grounds.
In response, Attorney-General Mark Dreyfus said the government’s goal is to “enhance protections in anti-discrimination law in a way that brings Australians together.”
“Just as Commonwealth law already prohibits discrimination on the basis of race, gender, sexuality, disability and age, no one should be discriminated against because of their faith,” he said.
“Equally, no students or members of staff should be discriminated against because of who they are.”
“The government is seeking to strengthen protections for all of us – students, teachers, people of faith. That’s why bipartisan support for solutions is essential.”
A Wake-Up Call From the UN
Tanhchareun described the UN’s recommendations as a much-needed reality check.
“These exemptions are cruel, outdated and indefensible, exposing thousands of Australians to punishment at school or dismissal at work simply for being themselves.”
Additional LGBTIQ+–specific recommendations made by member countries included:
- Public education campaigns to combat stigma
- A national ban on conversion practices
- Banning unnecessary surgeries on intersex children
- Greater protection from discrimination and violence
The UN also urged Australia to implement broader human rights reforms, including:
- A national Human Rights Act
- Addressing hate crimes
- Setting a minimum age of criminal responsibility
In 2025, Equality Australia was part of a coalition of more than 100 community groups and non-government organisations that submitted an NGO UPR report, making extensive recommendations to improve the rights of marginalised Australians – including First Nations peoples, disabled people, women, culturally and linguistically diverse communities, LGBTQIA+ people, and those in remote areas.
As part of their ongoing advocacy, Equality Australia is calling on the public to share their experiences of discrimination in religious and private schools through their online survey.
