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The Guardian - AU
The Guardian - AU
National
Ben Smee Queensland state correspondent

Queensland Labor may water down proposed ban on faith-based schools discriminating against gay teachers

Queensland attorney general Yvette D’Ath
Yvette D’Ath’s plan has the backing of the Queensland Council of Unions general secretary and others within the labour movement, sources say. Photograph: Jono Searle/AAP

The Queensland attorney general, Yvette D’Ath, is pushing to water down draft reforms to the state’s Anti-Discrimination Act, amid concern Labor does not want to be drawn into “a fight with the churches” before the state election.

The state government in 2023 committed in principle to implement all 122 recommendations from the Queensland Human Rights Commission’s 14-month review of the act, which has been largely unchanged since passed by the Goss government in 1991.

The most controversial change was a recommendation to scrap the so-called “genuine occupational requirement” clause that has enabled faith-based schools to discriminate against teachers based on their sexuality, pregnancy, relationship status and gender identity.

Church leaders last month criticised draft legislation as “a betrayal of all faith communities in Queensland”.

Guardian Australia understands D’Ath – with backing from senior figures at the Queensland Council of Unions – will bring a new proposal to state cabinet on Monday. A heated debate is expected.

D’Ath’s plan would involve adopting changes that mimic the federal “respect at work” bill, including placing a positive duty on workplaces to prevent victimisation and harassment. The “genuine occupational requirement” clause and other controversial measures could remain in the legislation.

Sources say the attorney general’s plan has the backing of the Queensland Council of Unions general secretary, Jacqueline King, and others within the labour movement.

A source said the party was “just not up for a fight with the churches so close to an election”.

The “genuine occupational requirement” clause had previously been cited by a controversial Brisbane religious school, Citipointe Christian College, in employment contracts that warn teachers could be sacked for being openly homosexual.

Citipointe made national headlines in 2022 after issuing families with enrolment contracts asking them to sign a statement of faith that implied transgender students would only be recognised by their “biological sex” and which described homosexual acts as “immoral” and “offensive to God”.

On Sunday, as cabinet prepared to discuss the Anti-Discrimination Act reforms, Citipointe Christian College released an “expression of regret” about its enrolment contracts.

The statement marked the settlement of a legal action launched by a group of parents under the act.

The school said that “on reflection, those statements were distressing to members and allies of the LGBTIQA+ community”.

“It is acknowledged that the enrolment contract, coupled with a request for the prompt execution and return, caused distress and concern to some students and parents.

“While the college has anti-discrimination polities and training in place, it is committed to continually reviewing and, if necessary, strengthening those policies and training.”

D’Ath was contacted for comment.

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