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Antonia O'Flaherty and staff

Presbyterian Church says school leaders shouldn't be in 'active same-sex relationship' in ALRC submission

Somerville House girls' boarding school in Brisbane is a Presbyterian Church of Australia institution.  (Supplied: Somerville House)

A church responsible for more than 20 schools across Australia says students in "active same-sex relationships" should not take up school leadership positions.

The Presbyterian Church of Australia made the statement in its response to the Religious Educational Institutions and Anti-Discrimination Laws Consultation Paper, in which it questioned the ability of LGBTQIA+ students to uphold Christian leadership values.

"If this student were in an active same-sex relationship, they would not be able to give appropriate Christian leadership in a Christian school which requires modelling Christian living," the submission stated.

"This would also be the case for a student in a sexually active unmarried heterosexual relationship."

There are about 13,000 students across the church's schools and pre-schools around the country.

Queensland Youth Affairs Minister Meaghan Scanlon said the views had no place in modern Queensland, and sent a message of "hate and division".

"I do not think that students should be punished for their gender identity or whether they are sexually active, it has no bearing on their leadership ability," she said.

In the submission the church also said its schools regularly enrolled students who do not align with its teachings on sexuality and gender.

"Our schools do not refuse or terminate enrolment for students on the basis of sexual orientation," it said.

The Presbyterian Church of Australia made the statement in its response to the Religious Educational Institutions and Anti-Discrimination Laws Consultation Paper. (Supplied: Wikimedia Commons)

"The schools aim to deal with these differences sensitively and pastorally, and the vast majority of these students and families appreciate the education and care they receive from our schools."

John McClean made the submission on behalf of the church, and said it was not a "policy statement" but about giving schools freedoms.

"[It was] a statement about the freedom that schools should have to determine their policies rather than being constrained by anti-discrimination legislation," he said.

"Schools should be free to determine who would take a Christian leadership position."

Dr McClean said schools should have the freedom to select staff who are either committed Christians or supportive of Christianity's ethos.

"We are arguing that's essential for Christian schools to be able to continue to deliver the kind of education that families are looking to them to deliver and they should be free to do that," he said.

Staff ethos

The submission also said Presbyterian schools do not seek to "select or exclude staff simply based on their sexual orientation, marital status or gender identity".

"Rather, they aim to employ staff who embrace and live out the whole Christian faith consistently," it said.

Queensland Education Minister Grace Grace said she did not believe it was right that students were denied leadership opportunities for the reasons put forward.

"Being involved in leadership opportunities is a key part of school life," Ms Grace said.

"I do not think it's appropriate that students should be denied these opportunities for the reasons given in the submission, which have no bearing on anybody's leadership ability.

"It also raises several issues around students' right to privacy."

A spokesperson for federal Education Minister Jason Clare said no child should ever be discriminated against.

"The Australian Law Reform Commission (ALRC) is conducting an inquiry into these matters," he said.

"When that inquiry is complete, the government will consider its response."

Submission a 'breach of human rights'

Matilda Alexander from the Queensland LGBTI+ Legal Service (ABC News: Louisa Rebgetz)

Matilda Alexander from the Queensland LGBTI+ Legal Service said the church's submission was "dangerous" and breaches human rights.

"This submission could encourage further stigma, further discrimination," she said.

"And could mean that other principals, teachers or even other students in these schools feel justified in treating homosexual students, students with diverse gender identities in a way that is different … in a way that disadvantages them," she said.

"This submission also breaches Queensland laws, and laws in some other states and territories around Australia such as Victoria," she said.

Ms Alexander said it time to make schools safe for all students.

"We need to provide an environment that is free from stigma, and discrimination and that nurtures and encourages leadership and educational wellbeing so that we can get the best outcomes for all students," she said.

"No matter what your religion, race, sexuality, gender identity or disability, students have the right to feel safe in schools."

Ms Alexander said there had been growing hostilities between students with diverse sexualities and gender identities, and religious schools.

Last year, Citipointe Christian College, in Brisbane, demanded parents sign a contract at the beginning of the school year that denounced homosexuality and stipulated students could only be enrolled on the basis of their "biological sex".

"What has happened since the issues at Citipointe have come to light is that more people are now aware that might be unlawful, more people are coming forward, more people are speaking out," she said.

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