RELIGIOUS schools are to bigots what the Cayman Islands are to a tax evader. For those seeking a place that shields them from the laws of the land, there's no better place to hide.

Yet while there has been a government crackdown on tax havens in recent years, faith-based institutions remain blissfully immune to anti-discrimination legislation.

It doesn't matter whether the higher power of your choice is God or Allah - attend a religious school and you become exempt from a few of the fundamental principles of a supposedly democratic, tolerant and secular nation.

Don't fancy having a - gasp - gay man on the payroll? Take the helm at a Catholic school and hire and fire at will.

Are of the view that a woman shouldn't be allowed to front a classroom unless she covers up with a head scarf? Well, if you're at a Muslim school then you've come to the right place. It's the latter scenario which is about to be dragged through the courts, with two female teachers from the Islamic College of South Australia claiming to have been unfairly dismissed due to inappropriate attire.

Both women were sacked last year after failing to abide by a verbal warning issued to female staff that it was mandatory to wear a hijab, or head scarf, while at work. But in imposing a policy that would be illegal outside of a religious institution, the Islamic College is not alone.

Across Australia, Catholic schools enjoy exemption from anti-discrimination laws in refusing to hire prospective teachers on the basis of their sexuality.

In both cases, of course, those responsible for enforcing the divisive policies are coy about the blatant discrimination at play. Under the guise of we-can-do-what-we-like-in-the-name-of-the-Almighty there's lots of flowery talk about embracing the "lifestyle" and beliefs of the faith in question. Translation: It's not us, it's you.

And, in part, they have a point. Religious schools are just that - institutions where parents opt to ensure their children are educated in the presence of those who share similar beliefs.

If the premise of a religion sits entirely at odds with your personal doctrine, then you're probably better off looking for work elsewhere.

Diametrically opposing views on the accuracy of the scriptures can make for awkward chit-chat in the staffroom during recess.

But it's not good enough for faith-based schools to be allowed to shrug off the obligations observed by every other workplace in Australia under the guise of religious freedom.

The principal of Islamic College might seek to defend his stance by arguing "90 per cent of them (female staff) are happy to adhere to the policy", but it's the removal of choice from the equation that is the very issue.

So long as women in many parts of the world are prevented from venturing outside without covering their heads, the headscarf remains a potent symbol of not just modesty, but oppression.

And threatening women who refuse to comply that they risk losing their job doesn't exactly further the dubious argument that it is in fact an emblem of empowerment and liberation.

Likewise, the maxim that staff in Catholic schools conduct their personal life in keeping with the teachings of the church should not be tolerated as a smokescreen for homophobia. The legal rights of consenting gay adults in this country have been hard won. That certain institutions still have the capacity to discriminate against employees on the grounds of their sexuality is unfathomable.

The inclusion of religious teachings, customs and prayers into the curriculum is one thing. The hiring and firing of staff on either the basis of their refusal to wear head scarves, or being openly gay, is quite another altogether.

Discrimination is discrimination, even when it happens within the hallowed halls of a religious school.

Pretending otherwise is a legal loophole that must be closed.

Originally published as Intolerance cloaked in name of religion