Law, Religion, and Heritage Research Program Team: Submission to the Australian Law Reform Commission Consultation Paper: ‘Religious Educational Institutions and Anti-Discrimination Laws’

Other


MacLeod, Rena, Murray, Katie and Patrick, Jeremy. 2023. Law, Religion, and Heritage Research Program Team: Submission to the Australian Law Reform Commission Consultation Paper: ‘Religious Educational Institutions and Anti-Discrimination Laws’. Australia. University of Southern Queensland.
Title

Law, Religion, and Heritage Research Program Team: Submission to the Australian Law Reform Commission Consultation Paper: ‘Religious Educational Institutions and Anti-Discrimination Laws’

Report TypeOther
Research Report CategoryPublic sector
AuthorsMacLeod, Rena, Murray, Katie and Patrick, Jeremy
Institution of OriginUniversity of Southern Queensland
Page Range1-7
Number of Pages7
Year2023
PublisherUniversity of Southern Queensland
Place of PublicationAustralia
Abstract

The relationship between religious educational institutions and anti-discrimination laws in Australia has become the subject of extensive political and legal debate. In response to this controversy, on 24 November 2022, the Attorney-General of Australia referred the subject to the Australian Law Reform Commission (ALRC) for study. On 27 January 2023, the ALRC produced a consultation paper listing four general propositions and fourteen technical proposals for legislative reform in this area.
In response to the consultation paper, the LRH RPT has prepared the present written submission. It contains three main points. First, that taken as a whole, the positions expressed in the consultation paper are pragmatic, feasible, and strike a reasonable balance between the fundamental rights of religious freedom and equality. Second, that religious educational institutions need better guidance on which staffing roles and activities are subject to protection by antidiscrimination provisions in the proposals. Third, that additional safeguards should be instituted in regard to Proposal 7 so that LGBTIQ+ students are better protected from a pervasive atmosphere of discrimination and hostility that could result from a religious educational institution’s delivery of curriculum content on matters of sexuality and gender. Below, each of these points is discussed in further detail.

Keywordsreligious freedom, religious schools, antidiscrimination
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/w8v0w/law-religion-and-heritage-research-program-team-submission-to-the-australian-law-reform-commission-consultation-paper-religious-educational-institutions-and-anti-discrimination-laws

  • 103
    total views
  • 49
    total downloads
  • 5
    views this month
  • 2
    downloads this month

Export as

Related outputs

Introduction
Copley, Julie, Harmes, Marcus, McKibbin, Sarah and Patrick, Jeremy. 2023. "Introduction." Queensland History Journal. 25 (7), pp. 527-529.
Respect for juries: A rejoinder to Hemming on Pell
Patrick, Jeremy. 2023. "Respect for juries: A rejoinder to Hemming on Pell." Alternative Law Journal . 48 (2), pp. 116-119. https://doi.org//10.1177/1037969X231159431
Legal Realism and Australian Constitutional Law
Patrick, Jeremy. 2022. "Legal Realism and Australian Constitutional Law." Journal of Judicial Administration. 32 (1), pp. 3-13.
Introduction
Harmes, Marcus K., McKibbin, Sarah and Patrick, Jeremy. 2022. "Introduction." McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) The Impact of Law's History: What’s Past is Prologue. Switzerland. Springer. pp. 1-4
The Impact of Law's History: What’s Past is Prologue
McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K.. McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) 2022. The Impact of Law's History: What’s Past is Prologue. Switzerland. Springer.
A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia
Murray, Katie. 2021. "A Lawyer by Any Other Name: The Restrictions on Unqualified Legal Practice in Australia." Australian Law Journal. 95 (12), pp. 979-997.
Path dependency, the High Court, and the Constitution
Patrick, Jeremy. 2020. "Path dependency, the High Court, and the Constitution." Journal of Judicial Administration. 30 (2), pp. 51-63.
‘A la carte’ spirituality and the future of freedom of religion
Patrick, Jeremy. 2020. "‘A la carte’ spirituality and the future of freedom of religion." Babie, Paul T., Rochow, Neville G. and Scharffs, Brett G. (ed.) Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms. Cheltenham, United Kingdom. Edward Elgar Publishing. pp. 58-91
Faith or Fraud?: Fortune-Telling, Spirituality, and the Law
Patrick, Jeremy. Pue, W. Wesley (ed.) 2020. Faith or Fraud?: Fortune-Telling, Spirituality, and the Law. Vancouver, Canada. University of British Columbia Press.
An Argument against the Registration of Religions
Patrick, Jeremy. 2019. "An Argument against the Registration of Religions." 2nd International Conference on Indonesian Legal Studies (ICILS 2019). Semarang, Indonesia 04 Sep 2019 Amsterdam, The Netherlands. https://doi.org/10.2991/icils-19.2019.2
Evidence of Absence in the Ruddock Report
Patrick, Jeremy. 2019. "Evidence of Absence in the Ruddock Report." Australian Law Journal. 93 (9), pp. 747-751.
Submission to Queensland Law Reform Commission on review of Queensland’s laws relating to civil surveillance and the protection of privacy in the context of current and emerging technologies
Patrick, Jeremy. 2019. Submission to Queensland Law Reform Commission on review of Queensland’s laws relating to civil surveillance and the protection of privacy in the context of current and emerging technologies. Toowoomba, Australia. University of Southern Queensland.
Religious freedoms should include spiritual beliefs too
Patrick, Jeremy. 2018. "Religious freedoms should include spiritual beliefs too." The Conversation. 7 June 2018, pp. 1-3.
Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018
Jones, Nicky and Patrick, Jeremy. 2018. Submission to the Legal Affairs and Community Safety Committee on the Human Rights Bill 2018. Unpublished.
Submission to the Queensland Law Reform Commission on 'Review of Termination of Pregnancy Laws'
Patrick, Jeremy. 2018. Submission to the Queensland Law Reform Commission on 'Review of Termination of Pregnancy Laws'. Unpublished.
The 'red menace' on trial: jury discrimination in Dennis
Falk, Barbara J. and Patrick, Jeremy. 2016. "The 'red menace' on trial: jury discrimination in Dennis." University of La Verne Law Review. 37, pp. 285-304. https://doi.org/10.2139/ssrn.2627030
The professional ethics of Christian lawyers
Murray, Katie Ann. 2017. The professional ethics of Christian lawyers. PhD Thesis Doctor of Philosophy. University of Southern Queensland.
Australia: acting on opponents' mistakes - Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd and the inadvertent disclosure of privileged material
Murray, Katie. 2014. "Australia: acting on opponents' mistakes - Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd and the inadvertent disclosure of privileged material." Legal Ethics. 17 (1), pp. 132-134. https://doi.org/10.5235/1460728X.17.1.132
A survey of arguments against the constitutional recognition of Indigenous Australian peoples
Patrick, Jeremy. 2016. "A survey of arguments against the constitutional recognition of Indigenous Australian peoples." Young, Simon, Nielsen, Jennifer and Patrick, Jeremy (ed.) Constitutional recognition of first peoples in Australia: theories and comparative perspectives. Sydney, Australia. Federation Press. pp. 143-157
Female Pleasure in the Academy Through Erotic Power
Jensen-Clayton, Cecily and MacLeod, Rena. 2017. "Female Pleasure in the Academy Through Erotic Power." Riddle, Stewart, Harmes, Marcus K. and Danaher, Patrick Alan (ed.) Producing Pleasure in the Contemporary University. Netherlands. Sense Publishers. pp. 81-94
Reconciling law and morality in a secular legal system: Christian and Jewish approaches to lawyers' ethics
Murray, Katie. 2015. "Reconciling law and morality in a secular legal system: Christian and Jewish approaches to lawyers' ethics." Monash University Law Review. 41 (3), pp. 696-715.
Religion, secularism, and the National School Chaplaincy and Student Welfare Program
Patrick, Jeremy. 2014. "Religion, secularism, and the National School Chaplaincy and Student Welfare Program." University of Queensland Law Journal. 33 (1), pp. 187-219.
A polemic against the standing requirement in constitutional cases
Patrick, Jeremy. 2013. "A polemic against the standing requirement in constitutional cases." Capital University Law Review. 41, pp. 603-635.
Religion and new constitutions: recent trends of harmony and divergence
Patrick, Jeremy. 2013. "Religion and new constitutions: recent trends of harmony and divergence." McGeorge Law Review. 44 (4), pp. 903-921. https://doi.org/10.2139/ssrn.2077274
Section 38 and the open courts principle
Patrick, Jeremy. 2005. "Section 38 and the open courts principle." UNB Law Journal. 54, pp. 218-234.
The religion provisions of the Nebraska Constitution: an analysis and litigation history
Patrick, Jeremy. 2003. "The religion provisions of the Nebraska Constitution: an analysis and litigation history." Journal of Law and Religion. 19 (2), pp. 331-396.
Sexual exploitation and the Criminal Code
Patrick, Jeremy. 2006. "Sexual exploitation and the Criminal Code." Alberta Law Review. 43 (4), pp. 1057-1067.
Beyond case reporters: using newspapers to supplement the legal-historical record (A case study of blasphemous libel)
Patrick, Jeremy. 2011. "Beyond case reporters: using newspapers to supplement the legal-historical record (A case study of blasphemous libel)." Drexel Law Review. 3 (2), pp. 539-560.
Strict scrutiny for denominational preferences: Larson in retrospect
Patrick, Jeremy. 2005. "Strict scrutiny for denominational preferences: Larson in retrospect." New York City Law Review. 8 (1), pp. 53-121.
Church, state, and charter: Canada's hidden establishment clause
Patrick, Jeremy. 2006. "Church, state, and charter: Canada's hidden establishment clause." Tulsa Journal of Comparative and International Law. 14 (1), pp. 25-52.
Blasphemy in pre-criminal code Canada: two sketches
Patrick, Jeremy. 2010. "Blasphemy in pre-criminal code Canada: two sketches." St. Thomas Law Review. 22 (3), pp. 341-361.
Creating a federal inmate grievance tribunal
Patrick, Jeremy. 2006. "Creating a federal inmate grievance tribunal." Canadian Journal of Criminology and Criminal Justice. 48 (2), pp. 287-303. https://doi.org/10.1353/ccj.2006.0022
Civil liberties advocacy organizations in Canada: a survey and critique
Patrick, Jeremy. 2007. "Civil liberties advocacy organizations in Canada: a survey and critique." Oklahoma City University Law Review. 32 (2), pp. 187-213.
Canadian blasphemy law in context: press, legislative, and public reactions
Patrick, Jeremy. 2010. "Canadian blasphemy law in context: press, legislative, and public reactions." Annual Survey of International and Comparative Law. 16 (1), pp. 129-163.
The curious persistence of blasphemy
Patrick, Jeremy. 2011. "The curious persistence of blasphemy." Florida Journal of International Law. 23 (2), pp. 187-220.
Not dead, just sleeping: Canada's prohibition on blasphemous libel as a case study in obsolete legislation
Patrick, Jeremy. 2008. "Not dead, just sleeping: Canada's prohibition on blasphemous libel as a case study in obsolete legislation." UBC Law Review. 41 (2), pp. 193-248.