Victorian Government to Discriminate against Faith-Based Schools

The past 18 months have proven difficult for all Victorians. During this time 100,000s of Victorians rely on and are grateful for the support, care, and education provided by religious organisations: from schools to counselling services, and more. Churches have continued to minster to people and offer hope where disease and lockdowns have darkened the lives of so many. During this same period, the Victorian Government has moved again and again to reduce the freedoms of religious organisations for the simple reasons: for holding beliefs and practices that align with the historical convictions of their religion. 

In February this year, the Government introduced and adopted the  Change or Suppression (Conversion) Practices Prohibition Bill 2020.  While Churches agreed with aspects of the Bill, the Government took the unnecessary approach (breaking with jurisdictions around the world) and defined conversion practices as broad as possible, such that normal Christian activities are now prohibited. The Act makes it illegal for Christians (and others) to pray with or speak with another person about sexuality and gender with the aim of persuading them according to Christian beliefs. The Government believes that these activities are so heinous that they have attached a prison sentence of up to 10 years for anyone breaking the law (this law comes into effect February 2022). 

This week, Attorney-General Jaclyn Symes announced another piece of legislation. This Bill will be brought to the Victorian Parliament before the end of year, limiting religious organisations in employing persons who subscribe to the values of the school, counselling centre, or aid agency.

The  Age reports,

“Religious schools in Victoria will be prohibited from sacking or refusing to employ teachers because of their sexuality or gender identity under sweeping social reforms proposed by the Andrews government.

Attorney-General Jaclyn Symes said legislation would be introduced later this year to close an “unfair, hurtful” gap in anti-discrimination laws that allow faith-based organisations to discriminate on the basis of sexuality, gender and marital status.

“People shouldn’t have to hide who they are to keep their job,” Ms Symes said.”

While the story focuses on Christian schools, the legislation is again broad and will swallow a great number of organisation (even some churches),

“The Victorian bill would also mean no faith-based organisations could discriminate when delivering government-funded services such as counselling or homelessness support, or hiring out community facilities”.

The proposal is deeply flawed and should trouble religious and non religious Victorians alike.

First of all, the conversation is wrongly framed. Not only is the Attorney General twisting the narrative, but even The Age assumes the story line that is being fed to us by today’s cultural preachers. 

The canvas paints Christians as mean and intolerant and makes us think that they’re firing gays and lesbians in their schools every second Tuesday. Instead of the crude and misleading ‘religious people hate gays’ rhetoric, this is about faith based organisations appointing staff who affirm their values. 

Faith-based schools largely exist because 100,000s of Australian families have lost trust in State schools to deliver an education that isn’t also accompanied by certain ideologies.  Christian and other faith based schools are growing because families want their children to be educated in line with their faith. Not only have families been driven away from State schools, now the Government is pursuing them in their faith-based schools.

Rather than saying, here are mean and intolerant Christians discriminating against others, the real picture is of religious organisations wanting to employ persons who affirm their stated values. It’s called freedom of association. 

Should a cricket club be forced to appoint a coach who wants to change the game to lacrosse? Should the ALP be forced to welcome One Nation members into the fold and change their platform to accomodate One Nation? If a hospital employs a doctor who later changes their views, coming out as an anti-vax campaigner who disagrees with COVID vaccines, should the hospital be forced to put them in charge of immunology? 

Not only does the framing of this conversation sounds like a badly acted caricature on Comedy Central, the policy itself is flawed and troubling for it depends on imposing a secularist view of religion. 

“Ms Symes said the reforms would “narrow” the exceptions to anti-discrimination legislation so that any discrimination would need to be “reasonable” and an inherent requirement of the job. For example, a school might be permitted to prevent a gay or transgender person being a religious studies teacher but could not stop them being a maths teacher.”

Who is the Attorney General to dictate to religious organisations what constitutes religious work and what is not? Do we really want the State educating and defining the theological beliefs and requirements of faith-based organisations? Is a gardener or an office administrator not doing specifically Christian work because they are not teaching Scripture? The Government is creating a false dichotomy which does not exist in the Christian faith, nor in many other religions. Every role is an expression of commitment to God and is a valuable part of the whole which serves a common purpose.

The Government is also mistaken in assuming that because a role does not have a direct theological or spiritual teaching component, it is therefore irrelevant whether the employee agrees with the organisation’s ethos, beliefs, and vision. This is purely illogical. Why would any organisation or company employ someone who does not support the basic values and vision of that asociation?

Equal Opportunity doesn’t mean sameness. I’m not doubting the Victorian Government’s commitment to ‘equal opportunity’, but their paradigm is flawed, and represents an ethic that is ultimately not about diversity, but is about conformity.

Is the Attorney General the new Archbishop? Is the Government replacement ecclesiastical council?  The question needs to be asked, is it reasonable for a Government to determine what constitutes required religious adherence or not? Is it the Government’s role to dictate theology and ministry practice? Does the Government have the necessary skills and knowledge required to adequately understand theology and therefore make the right judgement regarding the question of what is inherent?

The Labor Government tried to pass similar legislation in 2016, the Equal Opportunity Amendment (Religious Exceptions) Bill. It fell short by a single vote in the Legislative Council. The vote is likely to be reversed on this occasion.

Not only is this latest attack on religious freedom a step too far, Jaclyn Symes is already hinting at expanding the legislation. The Bill has not even been tabled in Parliament and the Attorney General is fishing for justification to broaden the intrusion into religious organisations, 

“We could be convinced to extend it, we just haven’t consulted on that particular element of reform. I certainly wouldn’t have a closed mind to revisiting that down the track”.

The previous Attorney General, Jill Hennessy, made a similar comment in 2020 in relation to the Conversion Practices Bill. She indicated that the Government is open to extending prohibited ‘practices’ in the future and include church based sermons.

This ensures that conduct generally directed— such as sermons expressing a general statement of belief—is not captured. However, such conduct may be considered as part of the Legislative Assembly’s ongoing inquiry into anti-vilification protections.”

These Government moves sadden me, not only because the proposal is so unnecessary and a significant threat to religious freedom, but also because like many Christian leaders, I have urged people to do the right thing throughout this pandemic and to be patient with Government restrictions. We regularly pray for our Premier and the Government, and so this latest legislative move is a vicious and unnecessary attack on Victorians. 

 Religious organisations are already free to employ people regardless of sexuality, if they so choose. The Victorian Government wants to take away choice. 

For those who can still remember back to 2017 and the assurances offered during the Marriage Plebiscite, they have proven to be as leaky as a bucket of water held by a politician in one hand and an electric drill in the other hand, and with a team of social activists turning on the power. 

Above all, what concerns me is how the legislators framing of this debate skews the very nature of the Christian message. The Gospel of Jesus Christ isn’t phobic or bigoted, and neither does it affirm and agree with every idea and desire that we express. The good news is God’s gracious and loving message of redemption. The Christian worldview presents an attractive alternative. Of course, not every Victorian will be convinced (and I’m the first to admit that sometimes Christians don’t help convince neighbours by some of the things we say and do), but this Government is bent on removing this choice and imbedding a version of sexual secularisation into Christian schools and organisations. This kind of intrusion will not strengthen our society and enable the vibrant pluralism and tolerance that once marked Victoria. 

By the end of the year, hundreds of schools and organisations will need to decide who they’ll follow. Will they sacrifice the good and God given vision for marriage and human sexuality or will they sacrifice Government funding*? A healthy and pluralistic society should never force this junction. At a time when we are still trying to survive the most difficult season in living memory, this Government is threatening religious organisations. One may hope that commonsense will prevail and that this legislation will fall down, but I suspect it’s time for organisations to consider what their true values are and where their ultimate allegiance lies.


Teachers have shared with me that it’s not just funding at stake but also registration and the ability to continue as a school