Submission to the Australian Law Reform Commission Inquiry into Religious Schools and Discrimination

The Consultation paper formally acknowledges in a number of places the fundamental importance of freedom of religion, that religion is of great importance, and that burdens on religion can cause significant distress. This is welcome. However, this formal acknowledgement is not implemented in the propositions and proposals. The Consultation Paper admits that the propositions and proposals will result in significant burdens on the freedom of religious schools to build an ethos, but claim these are necessary and proportionate. They are not. They almost universally privilege equality above religious freedom, belying the inquiry approach, international law and scholarly argument which states that religious freedom are co-equal rights and religious freedom must not always be subservient to equality. There are alternatives and perspectives which have not been duly considered by the Consultation Paper which more appropriately support both religious freedom and equality. As they stand, these propositions and proposals will significantly curtail the ability of religious schools to build a community of faith. If that happens, some religious schools will be forced to close, reducing choice and educational quality for parents and students, and producing resourcing issues for governments seeking to educate displaced students.