Newest school guidelines on LGBTQ+ staff and students in Victoria and New Zealand

Victoria passes legislation to protect LGBTQ+ staff while New Zealand schools are warned to protect student privacy from a 'gender critical' group.

Girl's eyes looking directly at viewer while holding rainbow flag in front of the rest of her face. These are the latest guidelines on LGBTQ+ staff and students in Victoria and New Zealand.
Image: Photo by Tim Samuel via Pexels

On Friday, December 6, Victoria passed laws banning religious schools from firing or refusing to hire LGBTQ+ staff based on their sexual orientation or gender identity. The Equal Opportunity (Religious Exceptions) Amendment Bill was passed by the upper house with 22 votes to 12.

These laws prevent religious organisations and schools from “discriminating against an employee because of their sexual orientation, gender identity, marital status or other protected attribute”. They also protect against expelling LGBTQ+ students.

Long overdue, the reforms finally prohibit Victorian government-funded religious bodies from refusing services to people based on their sexual orientation or gender.

Labor MP Harriet Shing, the first out lesbian member of the Victorian Parliament and the only Out LGBTQ+ member of the current Parliament, gave an incredibly emotional speech in support of the amendment bill. She says LGBTQ+ Australians live “lives of a thousand cuts in a thousand different ways.”

LGBTQ+ staff and students in Australia face fears of being fired or expelled when their sexuality, gender identity or marital status is irrelevant to their role, explains Victorian Labor Attorney-General Jaclyn Symes.

“I hope with this long-overdue change all LGBTIQ+ Victorians can live authentically free of fear,” said Symes.

However, there is a caveat that faith-based organisations and schools can still make employment decisions based on an employee’s religious beliefs when critical to the job, such as religious studies teachers or principals.

Additionally, the laws don’t affect religious organisations’ selection of priests, ministers, religious leaders or their members.

Victoria now joins Tasmania, Queensland and the ACT with regards to laws banning faith-based schools from firing teachers for being LGBTQ+. However, if the Morrison Government’s Religious Discrimination Bill passes, it will override both states’ laws.

“Every worker should be confident that they are safe in their workplace, treated fairly by their employer, and judged only by their capacity to fulfil their role, not by their gender or sexual orientation, pregnancy, parental or marital status,” Deb James, General Secretary of the Independent Education Union Victoria Tasmania, said in a statement.

Over in New Zealand, schools are being warned to protect students’ privacy in lieu of a ‘gender critical’ group seeking to obtain information about Transgender students.

The Ministry of Education became aware of an email requesting information and had been contacted by schools asking about its legitimacy.

According to Stuff, the email in circulation was directed to “all intermediate and secondary schools” and was sent by a women’s human rights group, Education Aotearoa.

The email asked about numerical counts of Transgender and non-binary students enrolled in intermediate and secondary schools, “what, if any, problems” that presented, and “actions that would support schools in managing this new trend”.

Additionally, the group requested information on the number of Trans kids enrolled at each school, their year group, ethnicity, and correspondence with the school before enrolment.

Margaret Curnow, one of the Education Aotearoa members behind the emails, told Stuff the group had “growing concerns” about new sex education curriculums that extended to relationship and sexuality education in New Zealand schools, especially with respect to new guidelines released by the government last year.

The group believes schools are being encouraged to “set up policies and practices that put the needs of trans children ahead of the needs of other children”, she said. Curnow adds that young people should never be “encouraged or supported to make permanent decisions” to transition.

Describing being Trans as a “new trend,” this ‘gender critical’ group’s lack of understanding of gender diversity is starkly evident.

Dr Rachael Dixon, the co-chair of the NZ Health Education Association and part of the team that developed the newest Trans inclusive guidelines, says that “there is no evidence anywhere in the world that education about gender would cause someone to change their gender identity.”

“Young people know about this stuff… They want to talk about it, they want teachers who are able to open up this conversation in a safe and inclusive way”, she continues.

Lorraine Monahan, the Ministry of Education’s official information manager, encouraged schools to consider what information is appropriate to supply to those requesting it, especially in regards to LGBTQ+ students.

“We would be very concerned about the release of any information which might identify students or breach their privacy,” she told Stuff.

LGBTQ+ staff and students face distinct discrimination within the education system, and it is the responsibility of lawmakers and educational institutions to protect their rights. Staff and students alike should be supported in their discussions and self-expression surrounding sexual orientation and gender identity, not restricted.

© 2021 GCN (Gay Community News). All rights reserved.

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