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Parliamentary inquiry recommends ending religious exemptions

Published: February 21, 2013

Father Brian Lucas

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Religious organisations running schools, health and aged-care services face losing key exemptions to Labor's new anti-discrimination laws under recommendations that could see them sued by people who disagree with church ethos, reports The Australian.

A parliamentary inquiry has found Labor's proposed laws need to be substantially changed, including to dump exceptions that would have allowed religious organisations to discriminate against individuals when providing services, where such discrimination would otherwise be unlawful.

Under Labor's draft bill to consolidate the five pieces of legislation that make up Australia's anti-discrimination laws, religious exemptions were to be largely preserved -- except in relation to commonwealth-funded aged-care providers because of concerns about discrimination against older same-sex couples trying to get into facilities.

In a majority report, Labor and Greens members of the Senate legal and constitutional affairs legislation committee had found "no organisation should enjoy a blanket exception from anti-discrimination law when they are involved in service delivery to the general community".

Instead, the committee recommends amendments modelled on Tasmania's 1998 Anti-Discrimination Act -- which has the narrowest religious exceptions of any state or territory.

Australian Catholic Bishops Conference general-secretary Brian Lucas said last night the recommendations made by the Senate committee would "undermine religious freedom" and have "some impact" on services provided, from aged-care facilities to health providers to schools.

"Anti-discrimination law has to strike a balance between competing values, and the exemptions as they are currently expressed by the commonwealth express that balance," Father Lucas said.

"The fundamental value here of freedom of religion has to be recognised, not just as an exemption but as a significant part of the way we live in a pluralist society. I don't think the Senate committee report has done justice to that."

FULL STORY Religion to lose protected status (Australian) 

 

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Recent Comments

  1. Our church hierarchy still doesn't seem to understand how the never ending stream of sexual scandals has damaged the value of any comment it has in this area, for Catholics let alone the wider society.

  2. Perhaps the church could threaten to withdraw services in these areas - just as Archbishop Mannix did years ago with the schools.
    The absence of the churches in areas such as aged care would cause a tremendous blowout in government spending if they had to take over following this withdrawal.

  3. This is a political move by the current Labor government and Greens. Julia Gillard wants to gain votes and win the Greens over, before the election.
    The change in laws might also cause Tony Abbot to respond, which the Labor government will use to their own advantage.
    The possible change also indicates how the 'Truth' is being eroded by relativism.
    Unfortunately, the secular age will attack/erode anything that stands in its way.

  4. Getting the balance right, is obviously a difficult exercis in framing anti-discrimination, especially with respect to religious freedom.
    Take 2 examples.
    Firstly a catholic public hospital is asked by a patient to perform an abortion. The hospital, which is committed to the Catholic postion of defending the sanctity of life, declines to do so.
    Under the proposed legislation, the hospital could be sued. The Church should press for an exemption in this case.
    Secondly, a Catholic school will not employ a person because he/she is homosexual. Again, under the proposed legislation, the prospective employee could sue.
    In this case seeking an exemption might not be justified. A homosexual person is not inherently a danger to young students, and to refuse employment, on the basis that his/her very presence reduces religious freedom, is hard to justify.
    Someone recently quoted Archbishop Desmond Tutu to the effect that apartheid was discriminatory based on the colour of one's skin , skin,which he called 'a given'.
    Tutu made similar remarks about sexual orientation being a given.
    There is a great deal of work to be done by the Church in this area of exemptions, before it can seek any form of a blank cheque in this regard

  5. Garry makes a sensible comment below.
    There is a world of difference between being obliged by law to take part in 'terminating' ie killing an unborn child or a terminally sick person and being obliged by law to minister to or to consider employing a gay person.
    With goodwill on all sides, the question of 'rights' as opposed to 'conscience' ought to be able to be sorted out. The problem is that there is not good will on all sides..a few militant anti-faith secularists are determined to push religious faith to the margins and will use political differences to do so, exploiting the fears of minority groups if needs be. In turn, some faith groups are so fearful of the 'anti-' forces ( antisemitism, anti-Catholicism, anti-Islam) that they won't engage at all.
    Unfortunately the politicians, who don't care one way or another, are just waiting there ready to snap up a vote or two from either side of the debate. Roxon's bill will go down with the defeat of the Gillard government anyway so perhaps both 'sides' may be able to get back to a better frame of discussion. Oh for a truly bi-partisan approach..with a PM and an Opposition big enough to try!

  6. Just by the way, how is freedom of religion safeguarded in Australian law?
    I doubt anyone, whatever their religion or lack of it, would like to contemplate an Australia where freedom of religion isn't guaranteed.
    The present exemptions to anti-discrimination laws may not be the place where freedom of religion is best made safe, but in that case, just repeating - where in the Constitution or the legislation is freedom of religion guaranteed?

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