A United Nations review has called on Australia to end laws that allow religious schools to legally discriminate against LGBTQIA+ students and staff.
Australia was reviewed by other member states as part of the Universal Periodic Review conducted by the United Nations Human Rights Council.
Under the review, UN member states have their human rights record peer-reviewed every four and a half years.
As part of Australia’s most recent review, more than 120 countries delivered 350 recommendations aimed at improving Australia’s human rights protections.
Among those recommendations were several that specifically involved the LGBTQIA+ community, including calls to deliver campaigns addressing stigma and discrimination against LGBTIQ+ people and to enact a national ban on conversion therapy practices.
However, the recommendation to remove exemptions that allow religious schools to legally discriminate against LGBTQIA+ communities was among the most prominent.
Currently, under the federal Sex Discrimination Act (1984), religious schools are permitted to discriminate on the basis of sexual orientation, gender identity and sex, as well as marital or relationship status and pregnancy.
Equality Australia’s Legal Director, Heather Corkill, said that under current rules these schools are legally empowered to discriminate.
“They can sack gay or trans teachers, deny promotions to unwed mothers or divorcees, and prevent LGBTQ+ students from enrolling or taking on leadership roles.”
Last year, Prime Minister Anthony Albanese ruled out reintroducing religious discrimination legislation, which was shelved by the government in 2024.
He blamed a lack of support from the Opposition and rising community tensions in comments made in May 2025.
“I maintain my position that you need broad support for legislation. We weren’t able to receive that,” said Albanese at the time.
“I’m up for legislation that has broad support, but we do not need further issues created. I’ve been about turning the temperature down on those issues, which is what social cohesion requires.”
Intergenerational advisor Savanh Tanhchareun said Australia was out of step with international law and with everyday Australians.
“It’s embarrassing to see Australia falling behind other countries that view protecting staff and students in religious institutions as a basic human right,” he said.
Tanhchareun said many Australians were still shocked to discover that religious schools can fire teachers for getting divorced or suspend students who come out.
“The recommendations made to Australia by our fellow UN member countries are a wake-up call that these reforms are long overdue,” Mr Tanhchareun said.
“These exemptions are cruel, outdated and indefensible, exposing thousands of Australians to punishment at school or dismissal at work simply for being themselves.”
Equality Australia is calling on the Federal Government to deliver on its 2022 promise to remove the outdated exemption.
Its campaign has over 1,600 signatures and is still open to more signatories.
