A TRIBUNAL has ruled that children who opt out of special religious instruction classes in state primary schools are not being discriminated against under the Equal Opportunity Act.

Psychologist Sophie Aitken and two other parents argued the Education Department discriminated against children who did not participate in the classes because they were identified as different and separated from their classmates on the basis of their religious belief.

Parents' claimed the fact students could not be taught normal school curriculum while their peers attended the religion classes was discriminatory. Credit:Michele Mossop

They also claimed the fact students could not be taught the normal school curriculum while their peers attended the religion classes was discriminatory.

But Judge Timothy Ginnane dismissed their request that he order the Education Department to hold the classes outside school hours, make parents explicitly opt their children into the classes, or provide equivalent instruction for students who did not attend.