Is it right for private schools to be exempt from certain discrimination provisions?

Here is an interesting article I found in the Guardian bringing focus on private schools being exempt from following  provisions which make it unlawful to discriminate due to gender or homosexuality.

Students expelled from schools for being gay? It's not OK

Private schools are exempt from provisions that make it unlawful to discriminate against a student on the basis of homosexuality or transgender grounds. MP Alex Greenwich is right to challenge it

Schools often aspire to be nurturing and supportive institutions. For gay and lesbian students, however, experience dictates that it can be a place of seclusion rather than support. In fact, in many private and faith-based schools, “coming out” is sufficient grounds for expulsion. Recently, Independent MP Alex Greenwich has moved legislation to help put an end to this in NSW. If passed, private educational authorities would no longer be able to discriminate against current or prospective students on the basis of homosexuality, transgender status, domestic status, age and disability.

It is tempting to romanticise how easy it is for young people to “come out” these days; politics and popular culture often combine to represent youth and social progressiveness as axiomatic Such cultural portrayals, however, blind us to troubling realities and homophobia remains a problem, especially amongst students. In 2010, Writing Themselves In 3 identified that over 60% of same-sex attracted and gender questioning young people have experienced some form of physical or verbal bullying. 80% of this abuse occurred in schools. Somewhat surprisingly, this represented an increase from previous years. Increased social visibility may have furthered recognition, but it has also led to heightened sexual/gender policing.

Homophobic or transphobic bullying is not just about physical violence. It manifests in far more insidious and ubiquitous ways. Boys are shamed for being effeminate or "camp". Girls are teased as “dykes” if they look too butch. Individuals who identify with a gender other than the one they were assigned at birth are harassed for using the “wrong” toilets.

Sadly, students subjected to this abuse are construed as the problem. We still tend to assume everyone is a heterosexual and that they live according to a strict male/female binary. Is it any wonder then that individuals who challenge these expectations are accused of “flaunting” themselves or coerced into changing who they are? In a letter, former student Beci Jay recounts:

"I tried to convert myself to heterosexuality by going to church and praying about it. Of course, nothing happened. It's like holding your breath to change your eye colour. Even if you really want it to happen, it won't. I was gay."

Cases like Beci’s are not unique. Students are sometimes offered “conversion therapies” in order to “correct” their sexual orientation. Far from being reparative, as Beci’s story highlights, these programs have been shown to intensify the stress, anxiety, and depression faced by individuals navigating their sexual feelings and gender identifications.

What is even more concerning is that private and faith-based schools are licensed under many state and territory anti-discrimination laws to do this. In addition to hiring or firing staff on the basis of their sexual orientation or gender identity, students can be summarily expelled for being homosexual or transgender. Or, as is more commonly the case, they are pressured into leaving.

Private schools aside, legislative exceptions remain a broader obstacle in the pursuit of social inclusion. Governments now increasingly outsource the provision of community services to private and faith-based organisations. Organisations receive public funds to provide vital services such as aged care, foster care, and education. They should not be lawfully entitled to discriminate. Further reform at both federal and state levels is needed to stop this happening.

Promising initiatives such as the Safe Schools Coalition in Victoria and Proud Schools in NSW exhibits that there is cross-partisan political support to prevent homophobic and transphobic bullying. Such programs emphasise the need for a holistic approach that combines education, dialogue and policy to support sexual and gender diversity in schools. However, there is little point in pursuing these conversations if laws make it clear that being same-sex attracted or gender questioning is an acceptable reason for expulsion. Schools cannot be supportive learning environments if young people have to hide who they are.