LGBT+ equality, religious freedom and government‐funded faith‐based religiously affiliated educational workplaces

Abstract

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.

The shifting Christian right discourse on religious freedom in Australia

“…On the structural level, Christianity—including the ACR—is deeply entrenched in economics, housing, employment, as we have already noted, not to mention its political clout (Maddox, 2005; Malloy, 2017). Recall mainstream Christian denominations, including Catholic, Anglican, Baptist, and Presbyterian churches sometimes partner with ACR lobbyists and church partners—that provide significant services in government sectors such as education, social welfare, health care, and aged care, employing about one-third of the government workforce (Ezzy et al ., 2021 a )—and this gives the ACR a central role in representing Christianity in politics.…”

“…We note “normative reflection must begin from historically specific circumstances because there is nothing but what is, the given, the situated interest in justice, from which to start” (Young, 1990, 5). Thus, we sought to find historical (e.g., Maddox, 2005; Furse-Roberts, 2010; Piggin and Lindner, 2020; Jones, 2021), contextual (Hilliard, 1995; Melleuish, 2002; Bouma, 2011, 2012; Maddox, 2014, 2015; Grube and van Acker, 2017; Brennan, 2019; Wilson and Djupe, 2020), socio-political (Young, 1990; Thornton and Luker, 2010; Nelson et al ., 2012; Lewis, 2017; Ngo, 2017; Richardson-Self, 2018; Lopes, 2019; Ezzy et al ., 2021 a , 2021 b ), legal (Sharp, 2011; Ball, 2013; Evans and Read, 2020), and comparative (Gin, 2012; Kettell, 2017; Malloy, 2017; Brown, 2019) scholarship to situate the contemporary claim to injustice. Second, we sought to understand the explicit and tacit meanings of ACR actors' statements.…”

Educators’ hands are tied: The impact of heteronormative and cisnormative discourses on students in faith-based schools in Australia

“…Among 18 to 24-year-old Australians in 2020, approximately 64% had attended schools that are government controlled, 19% had attended Catholic-affiliated schools, and 15% had attended schools affiliated with other Christian and other religious traditions (Ezzy et al, 2022). The number of non-government schools has recently significantly expanded, with 76% of Australians over 50 years old having attended a government school.…”

“…States such as Tasmania and Victoria have relatively strong protections for workers based on sexuality and gender in all workplaces, whereas some states have broad exemptions for faith-based organisations, such as NSW and Western Australia (Evans & Ujvari, 2009). Strong anti-discrimination legislation can improve the work security for LGBTQ+ workers in faith-based educational workplaces (see Ezzy et al, 2022). However, even when protections are in place there are often other forms of regulation of, and constraints on, diverse sexualities and gender identities, even in the most inclusive workplace (Ferfolja, 2005; Ferfolja & Ullman, 2020).…”

Capturing the missing voices: A ‘fair go’ for sexual and gender minority employees in Australian workplaces

“…Many LGBTI employees are silent about their sexual and gender identity out of fear that it may hinder career progression (Colgan et al, 2007; Reneau and Love, 2021) and to avoid potential experiences of discrimination and harassment by ‘macho’ or religious co-workers, notably in masculine industries (i.e. construction) or religiously affiliated workplaces (Ezzy et al, 2022; Galea and Jardine, 2021). LGBTI employees are often an invisible, voiceless and stigmatized group due to their sexual and gender minority status (Johnson et al, 2021; Sabharwal et al, 2019).…”