Schools cannot use contracts to avoid responsibilities under anti-discrimination law, says Australian official

After a religious school in Australia sent families enrolment agreements to indicate that transgender students will only be recognised by "biological sex", the human rights commissioner of the state said that schools cannot use contracts to avoid responsibilities under anti-discrimination law.  

The incident happened at Citipointe Christian College in Queensland state of the country.  

Citipointe’s contract or the “statement of faith”, which is required for enrolment, lists “homosexual acts” alongside bestiality, incest and paedophilia as "immoral" and "offensive to God".  

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It also said that each person should identify “with the gender that God bestowed”.  

After encountering media reports over the contract, Queensland human rights commissioner, Scott McDougall, released a statement on Wednesday.  

“Schools cannot contract out of their duties under discrimination laws by asking parents or students to agree to discriminatory terms,” McDougall said.  

The Queensland Anti-Discrimination Act does not permit religious schools to refuse enrolment based on gender identity or sexuality or discriminate against existing students, McDougall said.  

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“Expelling, disciplining or otherwise treating a student unfavourably because of these characteristics is unlawful discrimination in Queensland,” added McDougall.  

“A school policy that requires a trans or gender diverse young person to be treated as their sex assigned at birth, or that requires a young person to hide or deny their sexuality, is likely to amount to unlawful discrimination,” McDougall further added.   

(With inputs from agencies)