Following my previous post giving comments on Recommendations 1, 5-8 and 15 of the Ruddock Report and the Government Response, I will comment here on another set of recommendations (Recs 2-4, 9-12) and the likely outcome. Comments on recommendations 13-14, and 16-20, will (hopefully) be made in Part 3!
A popular wedding magazine called “White” has announced today that it is closing down. The reason? The Christian publishers had been asked to carry articles featuring same sex weddings, and had politely declined to do so. The backlash on social media led to a number of advertisers withdrawing their custom, and some customers refusing to buy the magazine any more. In this post I want to comment on the legal issues around this incident, and another episode highlighted in the press today.
Following the recent debate about whether religious schools in Australia should be entitled to expel gay students on account of their sexual orientation alone (as to which all seem to be agreed the answer is, No), there is now a push to remove the freedom of religious schools to make staffing decisions on these issues. The ALP has announced that they want to pursue this issue when amendments relating to students are debated in Parliament. It even seems that some members of the LNP Government are unclear about the issue.
While “orientation alone” should not be a ground to expel or discipline students, removing the provisions that allow schools to make these decisions in relation to staff is a bad idea. Religious schools exist because parents want the option to see their children educated in an institution which supports their religious and moral worldview. Students do not just learn academic truths from their teachers; in many cases they admire them as people, and model themselves on the values their teachers live out. Hence someone who is committed, by their identification and activity, to opposing the moral framework of the school, is not suitable to be working as part of that school community. A fully committed member of the Greens would not be suitable to work in the office of the Conservatives. The same issues arise in relation to religious schools and same sex oriented teachers.
The UK Supreme Court has now ruled that the Ashers Bakery in Northern Ireland was not guilty of sexual orientation discrimination by politely declining to bake a cake decorated with a message in support of same sex marriage- see Lee v Ashers Baking Company Ltd  UKSC 49 (10 Oct 2018). This is an important decision illustrating the clear difference between a decision based on someone’s personal characteristics, and a refusal to support a specific message.
In Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, 584 U. S. ____ (2018) (June 4, 2018), the US Supreme Court by 7-2 overturned previous decisions against a Christian cake maker, Jack Phillips, who had declined to make a wedding cake for a same sex wedding. While the basis of the decision of the majority is fairly narrow, the outcome is clearly correct, and even in the narrow reasons offered by Justice Kennedy, there are a number of important affirmations which support religious freedom.
Today the Rev the Hon Fred Nile, for the Christian Democrat Party, introduced a Bill to add “religious beliefs or religious activities” into NSW legislation as a prohibited ground of discrimination. The proposed Anti-Discrimination Amendment (Religious Freedoms) Bill 2018 will add new Parts 3B and 5A into the Anti-Discrimination Act 1977 (NSW) (“ADA”), making it unlawful in various areas to discriminate on the grounds of religion, or to subject religious bodies to a detriment. The proposals will also make it unlawful to penalise someone for holding views on marriage as the union of a man or a woman, or for holding the view that there are only two genders.
I am presenting a paper on this topic this evening to a group of Christian health professionals in Newcastle. The paper may be downloaded here: Same Sex Marriage and Christian Health Professionals. The PowerPoint slides are also available: Foster RF for Health Professionals presentation.