'It's not because you wear Hijab, it's because you're Muslim' - Inconsistencies in South Australia's Discrimination Laws

Abstract

Amendments to the Equal Opportunity Act 1984 (SA) have been proposed which would introduce a new prohibition on discrimination on the ground of religious appearance and dress in the state. However, there remains no prohibition on discrimination based on religious belief or practice. This paper examines the reasons for this curious state of affairs, and considers its consequences for religious groups in South Australia. The legislation regarding religious discrimination in other jurisdictions is considered, as are alternative means that members of religious groups in South Australia may seek protection from discrimination against them. In particular, the link between the characteristics of religion and race are considered, and the different protections offered to religious and racial groups under anti-discrimination legislation is analysed.