The Greens party has introduced a bill into the Senate dealing with a number of the issues that have been discussed in recent days about the right of religious schools to conduct their education in accordance with their faith commitment. The so-called Discrimination Free Schools Bill 2018 would remove the capacity of religious schools (and, importantly, many other religious organisations) to make staffing decisions in line with their religious beliefs. It is a serious attack on religious freedom, and should be voted down by the Senate when debate resumes.
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.
Following my previous post on this issue, press reports indicated that the Prime Minister is proposing that the Parliament urgently amend the provisions of s 38(3) of the Sex Discrimination Act1984 (Cth) which allow religious schools to expel students on the basis of sexual orientation. If this goes ahead, there is still a need to protect the legitimate interests of such schools in not seeing the religious ethos of the school undermined. In this post I want to suggest some ways that could be achieved.
A media outlet here in Australia has released what it says are the 20 recommendations made by the Expert Panel on Religious Freedom chaired by the Hon Philip Ruddock. The Report itself was delivered to the Government in May 2018, but has not officially been released. Apparently the Government is planning to release the Report at the same time as announcing its official response.
The main issue which has generated controversy during the last week, in which there was a selective leaking of some of the recommendations, were proposals dealing with the rights of religious schools to take into account the sexual orientation of students in certain areas. The changes proposed were not radical changes to the existing law, but were presented as such when first publicised. In this post I want to briefly set these recommendations in context and offer my preliminary response.
The Religious Freedom Review Panel, chaired by the Hon Philip Ruddock, has invited submissions from all Australians on the protection of religious freedom in Australia. Submissions are being accepted until 14 February 2018. I attach a copy of my submission here: Submission on Religious Freedom Protection for RF Review Expert Panel (with permission of the Review Panel), and one of its attachments: Foster Attachment 1- Religious Freedom in Australia overview 2017. (There is a second attachment which I will release later, as it is a copy of a paper I am presenting at a conference in a couple of weeks.) Those who are interested in the area may find it helpful to see the sort of topics that I think ought to be addressed.