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[ultimate_modal modal_title=”Donate to the EOA campaign” modal_on=”text” modal_on_align=”right” read_text=”DONATE TO EOA CAMPAIGN” overlay_bg_color=”#444444″ overlay_bg_opacity=”90″ img_size=”80″ close_icon_position=”popup-top-right” txt_color=”#dd3333″ header_font_size=”desktop:20px;” trigger_text_font_size=”desktop:24px;” trigger_text_font_style=”text-decoration:underline;”]
[/ultimate_modal]Serious changes to the Victorian Equal Opportunity Act
The Andrews Government aims to push through draconian legislation before Christmas to restrict the freedom of faith-based schools to employ people who are not hostile to the beliefs of the school. It seeks to force schools to employ those who pay lip service to belief but act in a clearly inconsistent manner.
The Government has clearly reduced the status of religious freedom to a ‘second class’ right inconsistently with international law.
The Liberals have decided to oppose the Bill. However, they have promised to repeal Daniel Andrews’ Pandemic Emergency Bill but they have not given a commitment to repeal these draconian Equal Opportunity Act amendments.
The ACTION below is to demonstrate to the Government, Liberals-Nationals and minor parities that there is strong opposition to this legislation. Here is what you, ministers of religion, faith based schools and people of good will can do.
HYPOCRISY IN VICTORIA’S ATTACK ON RELIGIOUS FREEDOM, PARENTAL RIGHTS
By Patrick J. Byrne, national president of the National Civic Council. November 3, 2021.
The Victorian Government has introduced draconian changes to its anti-discrimination law, attacking the freedom of religious schools and organisations to employ the staff of their choice.
With the state Liberals not having a declared position on the Equal Opportunity Amendment (Religious Exceptions) Bill, the changes will be debated after November 16 and passed by Christmas, clearing the decks of controversial legislation before the 2022 state election.
Currently, the Victorian Equal Opportunity Act gives religious organisations the freedom to make employment decisions in accordance with their “doctrines, beliefs or principles” or in ways that are “reasonably necessary to avoid injury to the religious sensitivities of adherents”.
Effectively, this freedom will be lost as the new Bill severely restricts a school’s ability to employ people according to how their behaviors, or expressed attitudes, on matters of sexual orientation, lawful sexual activity, marital status, parental status, or gender identity are compatible with the ethos of the school.
Three hoops
Schools will be forced to jump through three legal hoops to preserve their religious moral ethos.
First, a school will have to establish that its doctrines, beliefs or principles are an “inherent requirement” for a position.
However, regardless of what the school regards as an “inherent requirement”, a state-appointed discrimination tribunal or court will be the final arbiter of the school’s doctrines and beliefs and whether they should be an inherent requirement of a job. It could determine that such conditions are required for a person teaching religion but not for the librarian or maths teacher.
Where is the understanding that religious schools have a holistic ethos that is fundamental to the identity of the school and that all employees as well as students and parents and families can be expected to share that ethos?
Second, the school can only refuse employment or dismiss a person if the inherent requirement cannot be met because of that person’s “religious belief or activity”.
What happens if a teacher plays only lip service to the school’s religious charter and says, “I’m a believer, but I interpret the Scriptures differently, so I can live the way I choose”?
The school may see this as a “religious” difference, but a secular court or tribunal can say that a person’s “lawful sexual activity” or “sexual orientation” is not a religious matter.
Indeed, in delivering the Bill’s second reading, Natalie Hutchins underscored this provision, saying that “being gay … getting divorced … being transgender” are not matters of “religious belief”. Hence, a school claiming that these matters are “inconsistent with the doctrines” of a religious body will not be grounds for refusing employment.
Here the Bill creates a false distinction between “religion” and the moral teachings of a religion, with no understanding that the major religions have beliefs around sexual identity and the bounds of sexual activity that are inherent to their beliefs.
Third, the school will also have to show that dismissing a staff member is “reasonable and proportionate”. Again, what is “reasonable and proportionate” will be determined by a secular court or tribunal
Even if a religious studies teacher was considered a core staff member of an Islamic school, the school would have to think twice about what is “reasonable and proportionate” in dismissing a religion teacher who converted to Christianity if that person could be employed elsewhere in the school in a non-core position.
Student clubs
Suppose some students want to set up an LGBT allies group in the school. If the school says “no”, it could lead to discrimination charges under the Act. Then, the final decision will depend on what a secular tribunal or courts determines is “reasonable and proportionate in the circumstances” and necessary under the school’s doctrines.
Apply to other agencies
The new restrictions will also apply to all other faith-based agencies. In the case of a faith-based foster-care agency, it will be up to a tribunal or court to decide if placing children only with natural biological families is “reasonable and proportionate in the circumstances”.
Hypocrisy
Hypocritically, Victoria’s draconian legislation will not apply to political parties. They will remain free to employ only staff who are members of, or adhere to the principles of, the party. They will be free to dismiss staff who change their allegiance to another political party.
Violating religious freedom and rights of parents
The Bill undoubtedly violate the International Covenant on Civil and Political Rights (CCPR), which guarantees “the right to freedom of thought, conscience and religion … [the] freedom … either individually or in community with others and in public or private, to … worship, observance, practice and teaching”, and the freedom of parents “to ensure the religious and moral education of their children in conformity with their own convictions” [Art. 18 (1), (4)].
Oppose the Bill
This legislation flies in the face of recent polling by Christian Schools Australia that shows that 78 per cent of Victorians support the right of religious schools to employ teachers and other staff who support the values and beliefs of the school.
Therefore, not only must the legislation be resisted, but the Federal Government’s planned religious freedom legislation must include provisions to override these abuses in Victorian law.
ACTION
We need to actively and loudly defend our religious freedoms.
1. Call your state parliamentary members
Find your electorate on this Parliament link
Download phone numbers, emails, address of your members.
Call/email your Liberal, Nationals and crossbenchers:
- Thank the Coalition for opposing the Equal Opportunity Act amendment Bill.
- Call on them all to publicly commit to repealing this draconian legislation at the next change of government. Say that just as the Liberals have committed to repealing Dan Andrew’s Pandemic Bill, you want all Liberal, National and crossbenchers to commit publicly to repealing this amendment Bill.
- It is not good enough for the Liberals to say they will only consider repealing the Bill.
- It is hypocritical for this Bill to remove exemptions for faith-based schools and organisations but not for political parties that will remain free to employ only people loyal to their party.
Call/email your Labor Party members:
- Ask them: why does this Bill allow the Labor Party to refuse employment to members of the Liberal Party, but deny religious school the right refuse employment to people hostile to their beliefs?
- Isn’t this hypocritical and state discrimination against religious schools?
- Why is the government going to deny parents the right to raise their children in accordance with their beliefs as protected in the International Covenant on Civil and Political Rights?
2. Print the 2-sided flyer and distribute
- at churches and faith based schools
- around UP member’s electorate offices, or generally in electorate; or
- around lower house member’s electorate offices.
Click on your electorate below to download the flyer.
3. Ad for Church Notices
Click here to download the following parish notice as a Microsoft Word file.
Defend religious freedoms and parents’ rights by Nov 16
The Victorian government is about to take away the freedom of religious schools and organisations to employ people who adhere to their faith.
This will profoundly affect schools, welfare and other church agencies
This is a serious attack on religious freedoms and the right of parents to raise their children in accordance with their beliefs.
Hypocritically, political parties will still be free to employ only people who are loyal to their political party. Church leaders are opposing this draconian legislation.
Protest to your politician: Find out how you can oppose this bill quickly at www.ncc.org.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[ultimate_modal modal_title=”Donate to the EOA campaign” modal_on=”text” modal_on_align=”right” read_text=”DONATE TO EOA CAMPAIGN” overlay_bg_color=”#444444″ overlay_bg_opacity=”90″ img_size=”80″ close_icon_position=”popup-top-right” txt_color=”#dd3333″ header_font_size=”desktop:20px;” trigger_text_font_size=”desktop:24px;” trigger_text_font_style=”text-decoration:underline;”]
[/ultimate_modal]Government Introduction of the Bill
Ms Natalie HUTCHINS Second Reading speech in the Lower House, 28 October, 2021.
This speech comprehensively outlines the ways in which this Bill will restrict freedoms.
Click here to read the transcript of the speech.
Religious leaders’ statement to
Labor MPs
Religious leaders’ statement to
Liberal National and crossbench MPs
READ WHAT FAITH LEADERS AND OTHERS ARE SAYING
Letter to the People and Clergy of Melboure from Archbishop Comensoli, 9 November 2021.
Christian Schools Australia, 78% of Victorians support the right of religious schools to employ teachers and other staff who support the values and beliefs of the school. See Media Release. 28 October, 2021.
Victoria and the Gradual Reversal of Constantine, Murray Campbell, 28 October, 2021.
Associate Professor Neil Foster provides a legal analysis of the Bill. 28 October, 2021.
