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Victorian equality law review meeting religious resistance

Published: July 20, 2009

Churches, religious leaders, parents and private schools said they will defend discrimination based on faith in the face of a review of Victoria's Equal Opportunity Act and its exemptions, a news report said.

The parliamentary review, covering all areas of discrimination, including whether private men's clubs can continue to exclude women, has sparked widespread alarm among religious Victorians, from the Catholic Archbishop of Melbourne to Islamic, Christian and Jewish schools, and faith based hospitals and aged care centres, The Age reported.

The groups said religious freedoms, such as the right to insist the upholding of the organisations' beliefs, are at risk.

Under the 53 exceptions and exemptions to the Equal Opportunity Act, a religious organisation can insist on staff sharing its belief. A Christian private school, for example, can legally discriminate by refusing a Muslim a job as a teacher, receptionist or cleaner, The Age said.

The Law Institute of Victoria, community legal advocates and the Victorian Equal Opportunity and Human Rights Commission recommended changes to make it more difficult for religious groups and schools to discriminate against people in "non-core" roles - those not directly relating to worship or the teaching of faith, such as pastors and religious education teachers

Religious groups are fiercely rejecting the idea of core and non-core roles. Neil Benfell, principal of Warrnambool's King's College Christian school, said all his staff had to have a Christian faith.

"Our school's receptionist looks after the sick bay and prays with the children to give them comfort," he said. "Our receptionist is the first line of publicity and is often asked what the school is about."

The advocates for change say existing exemptions are too broad and allow widespread discrimination, particularly against people such as gay teachers in religious schools, and female teachers and staff members who become pregnant out of wedlock.

The Law Institute of Victoria's Dominique Saunders said: "Unless there is a direct link to the observance or teaching of religion, there should be no exception in the laws to discriminate, for example, against a gay maths teacher. I don't think that is acceptable."

Rob Ward, the Victorian director of the Australian Christian Lobby, dismissed the example of a teacher being sacked in a Christian school for having a child out of wedlock. That person, he said, would be offered "pastoral care and support". But, he said: "If someone says, 'I worship Satan, but I am a pretty good maths teacher, can I come and teach your Christian kids maths?' Well, probably not."

One of the nation's leading discrimination law experts, Professor Margaret Thornton, supports the review. "I think that if private schools receive money from the state, as they do, they should be subject to the law of the land, they should not be able to claim all these exemptions," she said.

The parliamentary review committee will hold public hearings in August and report in October or early November.

FULL STORY @

Church and state clash over equality laws (The Age)

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Vic bishops voice concern on exemptions loss

 

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Recent Comments

  1. Professor Margaret Thornton's missive about organisations receiving Government funds not being able to claim exemptions from the various discrimination laws demonstrates prejudice and discrimination with just the right amount of cynicism to spur a mob into action.

    With such views as those at play in the current review, the Catholic and other Churches and religions need to do two things - seek their members in political parties to advocate for 'positive discrimination' to be given the legal protection that balances the punitive 'anti-discrimination' tenets of such laws and then, strengthen their own structures and processes to ensure that the demands of the faith and of the religion will not be sidelined.

    For example, Anti-Discrimination Laws need to give protection to those groups who want to live the 'more' about life and have a tradition and a practice of doing so. And as regards employment, prospective employees need to have completed various courses that would qualify them to be employed by the group.

  2. A renewed emphasis on traditional Catholic teaching on our dealings with secularism is urgently needed. The writing has been on the wall since the close of Vatican II that secularists only wish to change us and the Church to obey their agenda and they have no wish to resepct even the very liberal Catholics who have spent 40 years trying to appease and/or ingratiate themselves to them.
    Therefore, as a result of such overwhelming evidence of being snubbed and of the Church's teachings being dissipated, I propose that we boldly teach the Catholic Faith in more scholastic theological terms drawing upon all of the Tradition and not the heavily modernist outlook of much theology since 1965. Even the neo-conservative and conservative theology post 1965 appeases the modern world just as do the modernists and liberals.

  3. Having taught in a Catholic school for 10 years, I can tell you I have never heard of a teacher being sacked for being pregnant when single. Pregnant, single women have actually received support and care. In fact, at my last school we encouraged STUDENTS who became pregnant to stay at school and finish their education. As for employing a gay person to teach a non-religious subject like maths, at a Catholic school ALL the teachers contribute to the faith life of the school. That's the whole culture of a Catholic community. this includes the gardeners, tuckshop lady, groundsment... etc. That's what it means to have a Catholic/Christian community.

  4. With teachers like Catherine R, perhaps Catholic schools are on the correct track!

    Congrats to all concerned.

  5. Jesus did not discriminate. "Not one shall be lost"

  6. Why would a cleaner need to be Catholic? I have no idea of the religious beliefs of the people who clean for me, nor do I care. And if the Church is going to refuse employment to gays, who's going to say Mass?

    At the Catholic high school I attended, my best, most thought-provoking, most creative teacher was an avowed atheist. And two of the four priests from the school have been convicted of serious offences - mostly against their students. There's simply no link between religious belief and suitability to teach children.

  7. The cold creeping secularism that seeks to choke individual liberty and free association seems to be infecting Australia after establishing a hold in England.

    It seeks to make me conform to its own "values" rather than to those I hold to be valid. Here is another academic seeking to withhold government funds if I don't comply with her values. This is discriminating against me and my choices.

    She assumes that it is the government's money but it is in fact mine. I should be able to sue the government to reimburse the taxes I pay towards supporting its secular education system, so that I can apply it to my children's education.

    Unfortunately the government will have a stranglehold over the Catholic school system, which because it supports some parents unable to pay fees, relies on the government's tax disbursement.

    It infuriates me that we as Catholics will be dictated to by those who seek to destroy what we stand for.

  8. I just want to clarify with Catherine R, is a gay person welcome to teach in your Catholic school ?

  9. You know what is really ironical about all this, if a person who is not Christian or Catholic came to work in one of our schools wouldn't/shouldn't they cry out, "look what these people have. I want it too."

    But this is assuming a very big assumption - that they indeed "have something" to offer, that they have deep relationships with Jesus and are loving, compassionate, intelligent, non-judgemental and strong in their Christian faith - in short, Christ-like. Think of the evangelisation possibilities.

  10. By all means discriminate in favour of your religion at your little tax-payer-funded religious indoctrination centres.

    Surely, then, you'd also agree that we should forbid Catholics to teach at the secular state public schools?

    It only seems fair!

  11. to James (who wrote):

    > "The cold creeping secularism..."

    Yeah, right...

    > "...that seeks to choke individual liberty and free association..."

    Whoops, I thought you were describing the Catholic church for a moment there!

    > "It seeks to make me conform to its own "values" rather than to those I hold to be valid."

    You have no "values" (quote/unquote). As a Catholic, you are merely following doctrine without any regard for WHY something is right or wrong... so please don't confuse blind obedience with "values".

    > "Here is another academic seeking to withhold government funds if I don't comply with her values. This is discriminating against me and my choices."

    Hey - I'm gay and I'd like to marry my partner of 16 years, but a pseudo-academic German born almost a century ago, and now un-democratically elected leader of a religious cult based in another country is informing the opinions of the people running in charge of *my* society... But you don't appear to have a problem with that, huh? :)


    > "She assumes that it is the government's money but it is in fact mine."

    And mine.

    > "I should be able to sue the government to reimburse the taxes I pay towards supporting its secular education system, so that I can apply it to my children's education."

    You children should be able to sue *you* when they get older for filling their heads with medieval fairy tales.

    I should be able to sue the Catholics for spreading hate speech about certain demographics in society.

    But we can't always get what we want.

    > "It infuriates me that we as Catholics will be dictated to by those who seek to destroy what we stand for."

    Diddums.

  12. And if the Church is going to refuse employment to gays, who's going to say Mass?

    In this cheapshot, A.J is finally admitting what traditional Catholics have been saying for years: that homosexuality and the abuse of young men are directly linked and therefore the Church should push forward in its weak efforts to make homosexuality a crime - which it fully deserves.

  13. We as Catholics and together with those of our fellow Australians who also believe in Christ and also those who believe in the natural law generally, will continue to see us lose most battles year by year to secularism and the worldview of political correctness ( which is anti the Decalogue).

    The reason for us losing these battles is simple. Our bishops and religious and many parish priests don't teach school kids and young adults of the importance of being involved in politics based upon understanding the social enyclicals and our great Australian Labor Movement history. Where we do have social teaching it is sadly influenced by neo-liberal and deregulationist business loving American Catholics and their various organisations; we also have the far Left who are into liberation 'theology'. Both of these extremes miss the mark and that is why there is statism and inertia in today's Catholic Church within Australia.

    What we need are true Labor programmes( on both morals and socio-economic and union & patriotic grounds) that can be found here:
    http://www.dlp.org.au/

    Please join us in the DLP and make a difference. Fill the political vacuum.

  14. We as Catholics must move forth with courage and hope, that God is love and God is good and alive in our community, religious or secular.
    We must work against the propaganda of fear instigated by religious bigots and sectarian fundamentalists who continue to wallow in the dungeons of darkness and oppression.

    “God made everything and thought it was good” God is very present in Australian society, but the religious zealots are completely blinded to that.

    The DLP is an evil institution that promotes the greatest evil of modern times- Nationalism, a worship of the state; the religion of Nazism.

  15. I noticed that "Catholics For Equality" assumes the name Catholic and is hiding from the world by not providing a personal and real name.

    The only bigots are those from the Left who have ignored the plight of the Uighurs ( Muslims) of China in preference to wailing on with false outrage about the Palestinians. Such slective outrage by the Left is anti-semitic and the real bigotry. Then the Left attacks Pope Pius XII in an attempt to pretend it is on the side of the Jews whilst attacking the Jews for defending themselves from rockets launched from southern Lebanon and Gaza. The Left have hypocritical worldviews. We must work against the Left and the Far Right by supporting the moderate and centrist DLP. The DLP is decentralist and seeks to give more power to individuals, small and middle sized businesses and to enhance proper powers to government to control banking, ports, shipping, rail, electricity, water. This is the way that the State will NOT become nationalist. I think the Left defames the DLP with the tag "nationalist" because it knows we are really patriotic, unlike them.
    Rudd and Howard before him are centralists, accumulating more power and this is a big worry. But "catholics for equality"( don't make me laugh) is happy about this and believes that propaganda for the Libs and the ALP as supported by the major media ( that's curious I thought you Lefties were against the Murdochs, the Packers and Fairfax????).
    Like I said, the Socialist Left speak out of both sides of their collective mouth to suit. This is inconsistent and not in the interest of the workers. The Left is insincere and is just like the Far Right. A circle must meet up somewhere and the Right and the Left certainly share a lot in common.
    Thankfully the DLP is centrist and an integrally moderate and grass roots Labor Party not tied up in knots like the Left with political correctness and false compassion and emotionalism .

  16. "HATE BILL"-OBSESSED CONGRESS

    If "hate bill"-obsessed Congress [and Obama] can't protect Christians from "gays" as much as it wants to protect "gays" from Christians, will Congress be surprised if it can't protect itself from most everyone?
    If "hate bills" are forced on captive Americans, they'll still find ways to sneakily continue to "plant" Biblical messages everywhere. By doing so they'll hasten God's judgment on their oppressors as revealed in Proverbs 19:1.
    (See related web items including "David Letterman's Hate, Etc.," "Separation of Raunch and State," "Michael the Narc-Angel," "Obama Avoids Bible Verses," and "Tribulation Index becomes Rapture Index.")
    Since Congress can't seem to legislate "morality," it's making up for it by legislating "immorality"!

    [We are a longtime ministry specializing in airing unique articles such as the ones above. Please pray for us!]

  17. Hi James,

    In answer to your response to my post, I have to say that this is bigger than you, homosexuality, or even the Catholic Church. We have been living in a democratic society. Had Hitler won WW2, no doubt as a homosexual, you would not be alive to comment on this website. In fact the website might not even exist, because he had it in for Catholics as well. And my son would also be dead, because Hitler did not want anyone who was not “perfect”. I see this legislation as the thin edge of the wedge, so that our freedoms will be more and more curtailed. Secularism seems to be the new fascism.

    For now, we do still have individual liberty and freedom to associate as we please. I choose to associate with the Catholic Church. If you do not, the Church is not forcing you to conform to its laws. That is the difference. These governmental laws are to be enforced on everyone; we have no choice.

    I would find your statement that I have no values curious, were I to presume you had any religious beliefs. The fact that you made it indicates otherwise to me. Let me explain. Although I am a Catholic, I also am endowed with a brain and my own conscience. While I use what the Church teaches as the first stage in informing my conscience, I also pray for guidance and that has led me to some unresolved issues. For example, I find it very difficult to accept that homosexuals are per se wrong/evil/sinners. For you to say, without even having met me or discussed such matters with me, that as a Catholic, I am “merely following doctrine without any regard for WHY something is right or wrong” is as stupid as would be my claiming that you don’t have any values because you blindly obey all the laws of Australia and its states. What are your "values"? How are you making Australia a better place by treating others you have not even met in such a demeaning and disrespectful manner? I’m sorry if others treat you that way, but their attitude is their own responsibility, not mine.

    If you want to be precise about who to blame because you cannot legally marry your partner, then yes, you can blame Pope Benedict along with the Roman Curia, the Australian Catholic bishops, all the other Christian churches, the Jews, the Muslims, the Hindus. But check the 2006 Census - Religious Affiliation: http://www.abs.gov.au/AUSSTATS/abs@.nsf/7d12b0f6763c78caca257061001cc588/6ef598989db79931ca257306000d52b4!OpenDocument
    - it looks like Benedict can only take 26% of the blame in Australia.

    At least 74% of Australian public opinion is not informed by the values of the current pope, whether he is an old German headquartered in another country and “un-democratically elected” to that position, or not.

    If it were left to me, the government would take a hands-off approach. There is a little quote in the Christian scriptures “Give to Caesar what is Caesar’s, and to God what is God’s”. I have no problem with your wanting to marry your partner. I do have a problem with the government interfering with how I want to run my life.

    If you want me to agree to your claiming your right to live how you like, then I expect and demand that you agree to my claiming my right to live how I want. You rightly point out that your tax money also goes to education. I don’t have a problem with your claiming that to spend on your partner’s or your education, provided you agree that I can spend mine on my children’s, how I want. A voucher system seems ideal to make this system work.


    However, based on your intolerant attitude to my post, I hope you never have any say in government. I would have hoped that as someone who is a member of a small minority group in Australia, you would have a more tolerant and respectful attitude to others’ beliefs and opinions, even if it were only in enlightened self-interest.

    Calling Christian beliefs “medieval fairy tales” is both disrespectful and inaccurate. The medieval period came well after the time when the Gospels were written. Whether they are “fairy tales” may be confirmed when we die, but in the meantime, it will not win you many friends or influence many people to treat the beliefs of the majority of Australians with such disrespect.

    Finally, as the Hitler era should have taught us, your freedom depends on my freedom. If you are happy to say “diddums” to my statement that "It infuriates me that we as Catholics will be dictated to by those who seek to destroy what we stand for.", then you are complicit in inviting the development of another fascist regime that one day may see political advantage in exterminating homosexuals and other “undesirable” groups.

Delicious

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