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- Title
DRAWING THE BOUNDARIES: THE SCOPE OF THE RELIGIOUS BODIES EXEMPTIONS IN AUSTRALIAN ANTI-DISCRIMINATION LAW AND IMPLICATIONS FOR REFORM.
- Authors
MOULDS, SARAH
- Abstract
Australia is in the midst of an impassioned debate about how to appropriately balance freedom from discrimination with 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 for discrimination on the grounds of religious belief and to re-examine existing exceptions relating to the treatment of non-heterosexual and transgender or non-binary staff and students by religious schools. At the State and Territory level, uncertainty surrounds the content and operation of relevant anti-discrimination laws, and significant differences exist across jurisdictions. Some jurisdictions, such as Tasmania and the Australian Capital Territory take a narrow approach to religious bodies exceptions, permitting discrimination against students and staff of religious schools only on religious grounds. Other jurisdictions employ a range of different tests to determine whether religious bodies can lawfully discriminate against others in the area of employment or education in line with their religious beliefs. This gives rise to a spectrum of legislative responses across the different Australian jurisdictions, with practical implications for those seeking to exercise their right to freely express their religion and those demanding protection from discrimination. It also has significant implications for those contemplating reform to these laws, including those considering the findings of the 2018 Religious Freedoms Review or responding to the Australian Law Reform Commission's recent Reference in this area. Rather than commenting on the merits of these reform options, this article aims to examine the different legislative frameworks currently in place across Australia and reflect on the implications of current reform proposals for these different jurisdictions. In this way, the article aims to add clarity to the broader debate on religious freedom and anti-discrimination regimes in Australia.
- Subjects
FREEDOM of religion; RELIGIOUS schools; FAITH
- Publication
University of Western Australia Law Review, 2020, Vol 47, Issue 1, p112
- ISSN
0042-0328
- Publication type
Article