The Right to Turn Away Gay Students? Exceptions to Unlawful Discrimination for Religious Schools in Australia

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2019

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Moulds, S.

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Journal article

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Bulletin (Law Society of South Australia), 2019; 41(1):12-16

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Australia is in the midst of an impassioned debate about how to appropriately balance the freedom from discrimination with the freedom of religious expression. This debate, which has its recent origins in the push for marriage equality, has been reignited by discussions at the Commonwealth level to introduce new legal protections against religious discrimination, and reform the existing anti-discrimination laws, including provisions currently exempting religious institutions from discriminating against gay and transgender students.1 At the State level, there is also uncertainty surrounding the content and operation of relevant anti-discrimination law, despite a comprehensive law reform inquiry into the issue in 2016.2 In this article, I will briefly summarise the key principles informing the development of the existing State and Commonwealth anti-discrimination provisions. I will also briefly outline the current recommendations for reform.

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Copyright 2019 Law Society of South Australia

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