Issues relating to NSW Private Schools’ right to Expel Gay Students

The NSW laws have been gradually progressing in regards to sexuality and transgender status, responding to the overall tendency of higher acceptance and understanding about people who are gay, lesbian, bisexual, and transgender (LGBT) around the world.

A news article written by Josephine Tovey (2013) discussed the disparity in legislations in regards to discrimination on grounds of sexual orientation and gender identity of pupils. According to the article, in NSW, The current anti-discrimination laws protect LGBT students from discrimination against their sexuality or transgender status by declaring it unlawful for schools to expel, refuse admission or expulsion students on those grounds. However, NSW private schools and colleges are not subject to the same laws that apply to public schools. Private schools are allowed to have the freedom to take actions that are unlawful for public schools against such students. This issue has drawn the attention of Alex Greenwich, the Independent MP for Sydney. The success of Mr. Greenwich’s action is expected to overturn the situation, benefiting GLBT students in not only Sydney but also the whole state.

The inequality gap between “normal students” and those who are categorised as “abnormal” is putting these students at the risk of becoming the victims of legitimised discrimination. It is suggested by van Wormer and McKinney (2003) that youths who are identified or even perceived as gay or lesbian are likely to suffer from verbal and physical assaults (p.411). Moreover, in a school environment that the GLBT students are not protected against discrimination by laws, such harassments and bullying are more likely to take place.

An earlier article by Tovey (2013) states that private schools, religious schools in particular, have been supporting this disparity by advocating their religious freedom as a fundamental human right. Religious schools emphasise that the dissonance between their religious beliefs and homosexuality and transgender status attacks their on their rights, and furthermore violates the interest of students and parents who regard the religious faith as a prime factor when choosing schools.

I believe that it is mistreatment for GLBT pupils to base the intrinsic value of a student on his or her sexual orientation or sexual identity. In my opinion, sexual orientation and gender identity are merely part of one’s identity, just like race, and marital status. These factors should not be taken into consideration when making judgments. Schools should be supportive for all students as every student has a right to feel safe, and get support and protection at school. It can be done by creating a climate of acceptance, support, and equality. Moreover, religious schools do not require all students to be of that religion to be eligible for admission. Similarly, GLBT students should not be refused the right of receiving education

References

Tovey, J. (2013, July 7). Schools defend right to expel gay students. The Sydney Morning Herald. Retrieved from http://www.smh.com.au/nsw/schools-defend-right-to-expel-gays-20130706-2pirh.html

Tovey, J. (2013, August 28). Push to end expulsion of gay students. The Sydney Morning Herald. Retrieved from     http://www.smh.com.au/national/education/push-to-end-expulsion-of-gay-students-20130827-2soet.html

van Wormer, K., & McKinney, R. (2003). What schools can do to help gay/lesbian/bisexual youth: A harm reduction approach. Adolescemce, 38(151), 409-420.