Australia Could End LGBTQ+ Discrimination in Religious Schools, but Will Parliament Deliver?

Australia’s LGBTQ+ religious schools discrimination debate has returned to Parliament, after independent MP Allegra Spender introduced legislation designed to protect students and teachers from unequal treatment based on sexuality, gender identity and personal relationships.

The proposed Sex Discrimination and Fair Work Amendment (Equality in Treatment in Religious Schools) Bill was introduced on 12 October 2026, renewing pressure on the government to close longstanding exemptions within federal anti-discrimination legislation.

For LGBTQ+ students and staff, the consequences could be significant. Despite Australia legalising same-sex marriage in 2017, federal law still allows certain religious educational institutions to treat people differently because of who they are or whom they love.

Now, campaigners are asking a question that seems rather overdue: should a school’s religious identity give it the right to discriminate?

LGBTQ+ Discrimination in Australian Religious Schools: What Does the Law Allow?

Under existing federal legislation, religious schools can benefit from exemptions to certain anti-discrimination protections.

Depending on the circumstances and applicable state or territory laws, these exemptions can affect LGBTQ+ students and employees, as well as people who are pregnant outside marriage, divorced or living with an unmarried partner.

Campaigners argue that these provisions create an unfair distinction between the treatment people can expect in different educational settings.

For teachers, the issue can affect employment, career progression and job security. For students, it can create uncertainty about whether being open about their identity might result in exclusion or unequal treatment.

The existence of religious exemptions does not mean every faith-based school discriminates. Many actively support LGBTQ+ pupils and staff, while others argue that their institutional beliefs must be protected.

The debate is about whether those beliefs should justify exceptions to protections that would ordinarily apply elsewhere.

Allegra Spender Wants Parliament to Close the Loopholes

Spender’s proposed legislation would amend Australia’s Sex Discrimination Act and Fair Work Act to strengthen safeguards for students and staff in religious educational institutions.

Equality Australia has welcomed the bill, arguing that protection from discrimination should not depend on the type of school a person attends.

The organisation points out that the governing Labor Party promised to address these legal exemptions in 2022, but the reforms have yet to materialise.

The proposal would not automatically prevent religious schools from maintaining their faith-based identities or teaching religious beliefs. Instead, it seeks to limit their ability to use those beliefs to justify discrimination against individuals in specified circumstances.

Supporters regard the proposal as a necessary clarification of the boundary between religious freedom and individual equality.

However, some religious organisations argue that limiting the exemptions could undermine their capacity to operate consistently with their values, making the bill politically contentious.

The Human Cost Behind Australia’s Religious School Debate

Beyond the legal arguments are students whose experiences demonstrate why campaigners believe reform is urgently needed.

James Elliot-Watson, a former student at a Christian school in Sydney, has described how coming out as gay affected the opportunities available to him.

According to his account, the school prevented him from becoming a prefect, discouraged him from discussing his sexuality and referred him to counselling intended to change his sexual orientation.

His experience illustrates how institutional policies can affect a young person’s confidence, sense of belonging and educational opportunities.

Schools should be places where students develop their identities and prepare for adult life. For LGBTQ+ teenagers, being told that their sexuality makes them unsuitable for leadership can send a deeply damaging message.

And no young person should have to choose between being honest about themselves and feeling accepted at school.

Will Anthony Albanese’s Government Support the Reform?

The legislation’s introduction represents an important political development, but it does not guarantee that the proposed protections will become law.

Prime Minister Anthony Albanese’s government has faced criticism for failing to deliver its earlier commitment to reform religious school exemptions.

Some political parties and religious groups remain divided over how to balance anti-discrimination protections with freedom of religion.

For advocates, the government’s response will be an indication of whether Australia is prepared to move beyond symbolic equality and address discrimination within institutions that shape young people’s lives.

The country has already recognised that same-sex couples deserve equal marriage rights. The unresolved question is whether LGBTQ+ students and teachers deserve the same basic protection from discrimination as everyone else.

Equality should not stop at the school gates, and a student’s dignity should never depend on the beliefs of the institution educating them.