Ruddock Report (part 2): changing the law on religious schools and gay students

Following my previous post on this issue, press reports indicated that the Prime Minister is proposing that the Parliament urgently amend the provisions of s 38(3) of the Sex Discrimination Act1984 (Cth) which allow religious schools to expel students on the basis of sexual orientation. If this goes ahead, there is still a need to protect the legitimate interests of such schools in not seeing the religious ethos of the school undermined. In this post I want to suggest some ways that could be achieved.

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Ruddock Report: religious schools and same sex attracted students

A media outlet here in Australia has released what it says are the 20 recommendations made by the Expert Panel on Religious Freedom chaired by the Hon Philip Ruddock. The Report itself was delivered to the Government in May 2018, but has not officially been released. Apparently the Government is planning to release the Report at the same time as announcing its official response.

The main issue which has generated controversy during the last week, in which there was a selective leaking of some of the recommendations, were proposals dealing with the rights of religious schools to take into account the sexual orientation of students in certain areas. The changes proposed were not radical changes to the existing law, but were presented as such when first publicised. In this post I want to briefly set these recommendations in context and offer my preliminary response.

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Submission to Religious Freedom Review

The Religious Freedom Review Panel, chaired by the Hon Philip Ruddock, has invited submissions from all Australians on the protection of religious freedom in Australia. Submissions are being accepted until 14 February 2018. I attach a copy of my submission here: Submission on Religious Freedom Protection for RF Review Expert Panel (with permission of the Review Panel), and one of its attachments: Foster Attachment 1- Religious Freedom in Australia overview 2017. (There is a second attachment which I will release later, as it is a copy of a paper I am presenting at a conference in a couple of weeks.) Those who are interested in the area may find it helpful to see the sort of topics that I think ought to be addressed.