Imagine existing under constant threat of being fired from your job just because of who you are. Imagine being unable to be who you are because of that threat. Imagine the government legislating to preserve that threat.

On Monday night, 400,000 people tuned in to Growing Up Gay, a documentary on RTé One about young gay people in Ireland, which detailed the trials, stresses and triumphs of their young lives. (The second and final part airs tomorrow night at 9.35pm.) The documentary, which was as enlightening as it was touching, demonstrated some of the problems the teenagers featured experienced at school, mostly homophobic bullying.

In 2006, BeLonG To, a brilliant organisation that works with young LGBT people, launched a campaign to challenge homophobic bullying in schools. The posters for the campaign featured photos of kids in school uniform and bore the taglines "He's/She's gay and we're cool with that". It was a simple and effective message, but perhaps those posters should not just be in hallways and classrooms of schools, but also in the staff rooms.

Outside of teaching, the details of Section 37 in the Employment Equality Act (1998) aren't very well known. Yet that section means that hundreds, probably thousands, of teachers can lose their jobs if it is known by school authorities that they are gay. Section 37 states that a religious, educational or medical institution under the control of a religious body (as in, the vast majority of schools in this country) can be excluded from the rules of discrimination law if the institution discriminates against someone "in order to maintain the religious ethos of that institution" or if the institution "takes action which is reasonably necessary to prevent an employee or a prospective employee from undermining the religious ethos of the institution".

Basically, schools can discriminate against anyone who goes against the ethos of the Catholic church in charge of a school. And it's that piece of legislation that has so many gay teachers living and working in a climate of fear of being 'found out'. As we know, there are plenty of gay teachers around the country, so the policy sees them trapped in a secretive limbo. Gay teachers exist, but they certainly can't let their principals or boards of management know that they're gay, even if they are 'out' to more sympathetic staff members.

In May 2008, the European Commission rowed back on its warning that discriminating against gay teachers would be incompatible with EU anti-discrimination legislation. Following an argument put by the Irish government that the discrimination suffered by gay teachers was a 'small exception' to general equal treatment, the commission upheld Section 37 of the Employment Equality Act that allows for the dismissal of teachers on the grounds of homosexuality. While teachers are being encouraged to help stamp out homophobic bullying, and while the government is even endorsing campaigns to do just that, the teachers themselves are the victims of quite remarkable discrimination. How can a teacher tell a pupil that it's okay to be gay when our education system discriminates against gay teachers?

"Everyone wants there to be a test case, but nobody wants to be that test case," a gay teacher tells me. The result of this is silence. Silence because speaking out means putting oneself in a very difficult position, risking one's job and future jobs. Silence because few will speak on their behalf. And silence because our own legislation told them to shut up.

I've spoken to gay teachers who have been told to "straighten up" by their superiors. And I've spoken to others who are worried that even if they aren't fired specifically for being gay, their sexuality could be used against them if another disciplinary issue arises. You have to wonder why Section 37 exists. It has to be rooted in homophobia, and that misplaced fear that gay people should not be anywhere near children, as if the religious orders who came up with such rules have a leg to stand on with that one.

I have a huge amount of respect for teachers. My own father is a retired teacher and I saw the endless hours he put in. It's one of the toughest jobs out there, and one that is frequently derided as 'easy' because of presumed short hours and long holidays. If we respect teachers, and value the instrumental part they play in society, then so should our legislation. How on earth can you expect young people to treat each other with respect and tolerance when those who are teaching them are stuck in a system that reinforces the very discrimination they're being encouraged to eradicate?

umullally@tribune.ie