A Brisbane Christian college's enrolment contract that demands families denounce homosexuality and subscribe to traditional gender roles is "unacceptable", and a review is under way into whether the school is in breach of its legislative obligations, Queensland's Education Minister says.
Citipointe Christian College, at Carindale in Brisbane's east, sent families a contract last Friday that said "the college will only enrol the student on the basis of the gender that corresponds to their biological sex" and asserted that homosexuality, along with bestiality, incest and paedophilia, was "sinful".
An emotional Education Minister Grace Grace, who has a non-binary child, said her department received complaints from parents and students at the college.
"In this day and age, to see this happening, is actually quite unbelievable.
"We strive for an inclusive and supportive school environment — that is what we should be doing — and no student should be denied a world-class education because they are a member of the LGBTIQ+ community."
The matter has been referred to the Non-State Schools Accreditation Board, she said.
"They will be looking at this issue from the legislation," Ms Grace said.
Ms Grace said the Human Rights Commissioner had warned the school it "cannot contract out of your legally binding anti-discrimination laws in this state".
'Illegal clauses'
Human rights lawyer and LGBTI Legal Service president Matilda Alexander echoed these comments and questioned whether the school's document was legally binding.
Ms Alexander said the Queensland Anti-Discrimination Act makes it unlawful to discriminate against people based on their sexuality and gender identity, among other characteristics like race and religious belief.
"These laws are above contracts … they provide students and young people with an assurance that when they access an education in Queensland — and regardless of whether that's from a public or a private school, a religious or independent school — that education will be provided in a way that is not discriminatory."
Ms Alexander said in this case a person could choose to pursue a discrimination complaint at the federal or state level.
"I've practised extensively in this area, and I would only normally pursue [the federal] option if we're going against a federal body like Centrelink or the army, or some kind of federal department," she said.
"Most people who experience discrimination choose the state path.
"Certainly, in this instance, where we don't have that religious exemption, the state path would be a much stronger and better avenue to protect students from harm."
'Certain freedoms' allowed in laws, school says
In a statement to the media on Monday, principal Brian Mulheran said the college "does not judge students on their sexuality or gender identity".
"We would not make a decision about their enrolment in the college simply on that basis," he said, adding the college wanted to give parents and students the right to make an "informed choice" on the school's approach to Christian education.
Mr Mulheran said the school had sought legal advice in drafting the contract, and argued it had "certain freedoms under international law and under Commonwealth and state legislation" which allowed it to include the clauses.
School should 'reflect community standards'
Independent Education Union Queensland branch secretary Terry Burke said it called on the Citipointe Christian College to "not use contracts to avoid their responsibilities under anti-discrimination law".
"Trying to avoid anti-discrimination laws by asking parents and/or students to agree to discriminatory terms in a 'contract' is beyond shameful and rejected by our union," Mr Burke said.
"Our union believes practises in faith-based schools, and indeed in any endeavour by faith-based organisations which is conducted for and funded by the public, should reflect community standards and expectations."
Ms Alexander said it had become less frequent for schools to discriminate on the basis of gender identity and sexuality in the last 15 years.
"They are accepting of diverse sexualities and diverse family arrangements as well, so the majority of schools are doing the right things."
