Religiously affiliated schools employ a substantial portion of the Australian educational workforce. These religiously affiliated schools are exempt from Australian state‐based anti‐discrimination legislation in varying degrees. This can have a devastating effect on LGBT+ employees. While NSW has broad exemptions to anti‐discrimination legislation, in contrast Tasmanian anti‐discrimination legislation provides very limited exemptions. This paper examines and compares the experiences of ten LGBT+ teachers employed in religiously affiliated schools in Tasmania and New South Wales. The aim of this paper is to document the differing experiences of these LGBT+ teachers, examining whether the distinctive state‐based legislation has an impact on their lives. The small number of cases examined here suggests that the state difference in anti‐discrimination legislation has a significant impact on LGBT+ peoples’ job security and career development.

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Anti-discrimination laws around the world have explicitly protected LGBTQ+ people from discrimination with various levels of exceptions for religion. Some conservative religious organisations in Australia are advocating to be allowed to discriminate against LGBTQ+ people in certain organisations they manage. The political debate in Australia has focused on religiously affiliated organisations that provide services in education, social welfare, health care, and aged care. We argue that religious exceptions allowing discrimination should be narrow because they cause considerable harm, reinforce, disadvantage and because LGBTQ+ people are deserving of respect and rights. We draw on a national representative survey to demonstrate that the views of some conservative religious lobby groups do not represent the views of the majority of religious people in Australia or the views of the majority of Christian people.

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