ABSTRACT
This chapter addresses whether religious institutions, including religious bodies such as churches, as well as religious educational establishments and social service providers, can be required not to discriminate against gay people in employment. It also addresses when discrimination should be permitted in relation to religious ministers, teachers at religious schools, employees of faith-based social service organisations and employees with no religious function. The chapter then considers the idea of 'islands of exclusivity': that is, whether it is proportionate for some organisations to be allowed to ensure that all their staff believe and follow its religious precepts. Both Canada and Britain have incorporated the requirement of proportionality into assessments of discrimination in religious social service organisations and Canada has also done so in relation to religious schools. A proportionality approach, on which the British approach is generally based, does give religious organisations the autonomy needed to live out their religious mission.
