As LGBT rights and gay marriage is
promoting all over the country, people start to focus on equality in areas and
aspects that had not been noticed before. In Josephine Tovey, Sydney Morning
Herald’s reportor’s article Push to end
expulsion of gay students, she reports that recently, independent MP for
Sydney Alex Greenwich has noticed that although under the Anti-discrimination
Act of NSW, it is lawful for public schools educational institutions to
discriminate against or expel students on the basis of homosexuality,
transgender status and other traits, the Act plays a trick to make private
schools and colleges excluded from it. Unfortunately, there are already several
cases of students being expelled due to their sexual orientation, especially in
faith-based schools. Therefore Mr Greenwich is trying to introduce the private
member's bill to the NSW Parliament to remove the exemptions.
Although the right of education is one of the basic human
right and should be ignored in any situation at any time, the intersectionality
of being homosexual as well as students make the situation much more complex as
more sociological factors such as religion have huge impact of school’s
decision making. In my opinion, however, what is fundamental in human rights
should stay fundamental despite the change of other factor or the situation of intersectionality.
It is part of social justice, as Grant
and Gibson write “Protection and enactment of fundamental human rights are at
the core of these twenty-first century calls for social justice” (2013) Therefore,
the NSW Anti-Discrimination Act should be changed to remove exemption. As there
is a lack of relational justice under the current version of the Act. This area
of relational social justice is often ignored by most people as relational
justice, unlike distributional justice is not as obvious for people to see and moreover,
the issues related to homosexuality is a relatively new area for social
justice.
Nevertheless, there is
no doubt that under current version of the Act, LGBT students in private
schools cannot be well protected, but is the situation better for students in
public school? I think it is doubtful as it is common for LGBT students being
bullying by other student. Moreover, I am still a bit confused about if saying
something like ‘that’s so gay’ is offensive. If it is, then most of students
and even some teacher need to be aware of crossing the boundary.
Even if the Act is
changed in the future, it is still important for us to be aware of the issue of
relational just in LGBT rights as this new area of social justice needs us to
pay more attention.
References:
Tovey, J. (2013). Push to end expulsion of gay students. Sydney Morning Herald. Retrieved on 8/10/2013 from: http://www.smh.com.au/national/education/push-to-end-expulsion-of-gay-students-20130827-2soet.html#ixzz2heCsZbjw
Grant. C. A., & Gibson. M. L. (2013). “The
path of social justice”: A Human Rights History of Social Justice Education. Equity & Excellence in Education, 46 (1),
81-99
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