The Religious Freedom Review was commissioned by Prime Minister Malcolm Turnbull in November 2017. Below is a copy of my submission.
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I am writing this submission as a father of 3 children, as a Minister of a Church, and as one who has the privilege to regularly counsel people in the broader community, including members of both State and Federal Parliaments. I wish to communicate not only my personal observations, but also some of the concerns that are being shared with me in relation cultural shifts in Australia that are leading to reduced religious freedom.
Intent to curb religious freedoms
These concerns are not ethereal and without warrant. There is a growing sway of social commentators, politicians, and civic leaders who are demonstrating intent to reduce religious freedoms in our nation.
For example,
Auberry Perry, in The Age (Sept. 3, 2017),
“This survey offers us a conscious opportunity to make a firm stand in support of a secular government and to reject discrimination or favouritism based on religion. It’s our opportunity to say that religion has no part in the shaping of our laws. A vote against same-sex marriage is a vote for religious bias and discrimination in our legislation, our public schools, our healthcare, and ultimately, in the foundation of our social structure.”
Mauvre Marsden wrote in the Sydney Morning Herald (Oct 4, 2017),
“Yes, marriage is not the final frontier. Yes, we want safe schools. Yes, gay conversion therapy is child abuse. Yes, we want transgender kids’ agency to be respected and supported – regardless of what their parents want. Yes.”
Jane Caro recently published an article for The Saturday Paper (December 23, 2017), in which she argued a case for defunding religious schools.
“We believe that if publicly subsidised schools – and other religious organisations – wish to discriminate against others, they should have to advertise both whom they discriminate against and why – prominently – in all promotional material, prospectuses, websites and job ads. One of the costs of discrimination is that it narrows the field of available talent and anyone considering using the services of such a school ought to be fully informed about that.
Another way of making the statutory right to discriminate fairer for everyone is to remove the blanket exemption and require authorities wishing to discriminate to appeal for an exemption in specific cases. As private school providers claim they rarely resort to exercising their freedom to discriminate, this would seem the most sensible way forward. It might be reasonable to seek to apply religious selection criteria to those who will be giving religious instruction, but why would a mathematics or physics teacher, or a rowing master, or a cleaner or groundskeeper need to be selected on such a basis?
Why should public funds be provided for those staffing positions that require religious discrimination? Surely it would be reasonable for the costs of these positions to be met by the faith community itself, specifically the church and the parents?”
Recently, a group of notable Australian academics and journalists launched the National Secular Lobby, a group whose purpose is to remove religious beliefs from playing any role in Australian political life. While they refer to, “not allowing religious doctrine to influence our national laws”, their agenda is clearly broader.
Their list of ambitions includes,
• remove tax exemptions to “for-profit” Church businesses, their non-charitable properties, investments, and assets.
• remove prayers, religious icons and rituals from all “secular” public institutions, including all tiers of governments.
• remove single-faith religious instruction from schools; promote and teach “philosophical ethics” and “critical thinking”.
• abolish the National School Chaplaincy Program and replace chaplains with experienced professional counsellors.
• select Rationalists for boards/panels, based on “ethics”, not Church leaders who claim to be society’s “moral voice”.
The National Secular Lobby has posited a definition of secularism that is historically incorrect. The secularism which shaped Australian history and is expressed in our constitution never meant that politics and public life should be free of religious ideas, but rather it ensured that the State is not controlled by any single religious denomination. As Dr Michael Bird notes in the 2016 article, Whose Religion? Which Secularism? Australia Has a Serious Religious Literacy Problem, the parameters of secularism have been redefined, “no longer as the freedom of the individual in religion, but as the scrubbing of religion from all public spheres.”
The intent of this new version of secularism is clear: it is not ideologically neutral, but is driven to control religious and public life and policy, and to remove those religious beliefs that won’t conform to their socialist leaning and atheistic worldview.
Examples of hampering religious expression and freedom in Australia
There is clear intent to reduce and even remove religious freedom from Australia. The problem is not limited to vocalised intent, but there are already substantive examples showing up across our society, especially in the State of Victoria. I wish to highlight examples that I have been personally involved with and/or have addressed elsewhere in a public forum.
In the area of public education:
Over the last three years many Victorian families have been forced to reconsider public education, and indeed, have felt obliged to remove their children because of a swathe of anti-religious policies introduced by the Daniel Andrews Government. Many families have come to me for counsel, and as a parent with 3 children I am sympathetic to their concerns
In 2015, the Daniel Andrews Government issued a ban on religious education classes in schools, except under very strict conditions which most schools are not in a position to provide. These weekly opt-in classes have been valued by hundreds of schools and thousands of families, for generations now. My children’s local primary school had a consistent high intake and enthusiastically encouraged the program to continue every year. They are no longer able to offer these classes. The Government then issued a curriculum to replace SRI classes: Respectful Relationships. This new curriculum is compulsory and does not teach religion, but is designed to teach gender fluid theory to children, and to encourage them to explore sexuality. [1]
Not only has the State Government removed a once cherished option to study religion in school, children are forced to participate in (and indeed to affirm) programs that at times contradict deeply held religious convictions and morality. This is resulting in many families believing that they can no longer send their children to public schools. This often comes at a tremendous cost to families, and sometimes parents don’t have the option of enrolling their children into a Christian or private school.
In the area of employment:
One of the more ardent attempts to remove religious freedoms came in 2016, when the Victorian Government proposed an amendment to the Equal Opportunity Act. This shift would have given the Government greater authority over religious organisations, including churches, schools, and charities. In effect, religious organisations would have had to demonstrate to a Government appointed tribunal, why their employees must adhere to the religious values of their Church or school. While this Bill failed at the final hurdle (by a single vote in the Victorian Legislative Council), it is revealing that a Government in our nation had the audacity and believed it had sufficient public support, to act against religious freedom.
Diversity, freedom of association, and freedom of religion, are key characteristics of our liberal democracy. Throughout our history Governments have valued the contributions of religious organisations, indeed society would be the lesser without them, and yet Governments have also understood a demarcation between the State and religious institutions. The proposed Equal Opportunity Amendment (Religious Exceptions) Bill 2016 crossed that line.
Firstly, why did the legislation target religious groups? The amendment to the Equal Opportunity Act would not have impacted any social or political groups, only religious ones. As it stands, political parties, sporting clubs, and other interest groups have freedom to appoint persons who subscribe to the views and goals of those organisations. This is only common sense. It is therefore reasonable to ask, what was the motivation behind the Government focusing on religious organisations, and not others?
The scope of the legislation was not limited to discrimination on the basis of sexual orientation, but extended to “differing religious beliefs”. In other words, the Government would have had the power to stop a church or religious organisation from rejecting applicants on the basis of them adhering to a different religion.
Secondly, the inherent requirement test assumed that Government has the right to intrude on religious organisations, and influence whom they employ. This test was a clear abrogation of one of Australia’s most basic ideals, that the State will not interfere with the beliefs and practices of religious organisations.
Premier Daniel Andrews stated at the time, “Religious bodies or schools will be required to demonstrate a necessary connection between their religious beliefs and the requirements of a specific role.” This move however counters the very notion of a pluralist society, and would have set up the situation whereby a Government could impose its narrow secularist agenda onto groups who did not share their ethical and religious viewpoint.
Thirdly, the test assumed that the Government, and any tribunal set up by the Government, would have had the expertise and knowledge to interpret the theological framework underpinning these organisations.
Again, Mr Andrews has said,
“The defence will be limited to circumstances where religious beliefs are an inherent requirement of a job, and an employee or job applicant does not meet the requirement because of a specific personal attribute.”
But who is to say when and where religious beliefs are an inherent requirement of a job?
The legislation assumed that some jobs in a church (or mosque or religious school) can be considered religious and others not. This may be the case in some instances, but is the Government really in a position to decide what is inherent and what is not?
It is important to understand that this assumption is not ethically or theologically neutral; it requires a body, set up by the Government, to interpret and impose their understanding of Islam, Judaism, or Christianity onto these various organisations. For example, in Christian thinking, the roles of gardener, administrator, and teacher are not separated into religious and non-religious work, for all are expressions of service to God.
As it happens, many of these organisations do employ persons who don’t subscribe to the particular religious principles of the institution; that is their freedom to do so. Surely though, school boards, charities, and churches are in the best position to understand the values and needs of their organisation?
In the end, it comes down to these questions:
Is it the role of Government to interfere with the beliefs and practices of religious organisations?
Is it wise or fair to force religious organisations to employ persons who do not share their values and beliefs?
In the area of societal conversation:
In my view, the Coopers Beer saga symbolises the shift against religious toleration in Australia.The initial scene looked innocent enough; the Bible Society sponsored a video conversation between two Government MPs, Tim Wilson and Andrew Hastie. The two men sat down over a Coopers beer and enjoyed a civil conversation about marriage. Within minutes pubs across the nation were boycotting Coopers, and tirades of abuse hit social media. So incensed were non-beer drinkers and craft-beer drinkers across the nation, that they bought bottles of Coopers beer only to smash them in alleys across the nation until Cooper’s management fell obliged to jump and join the fight for same-sex marriage.
Another iconic Australian brand, the Carlton Football Club, recognised that among football supporters there are diverse views and so they decided not to take sides during the marriage campaign. They were vilified in the media and by social media for not publicly taking a stand in support of marriage change.
The implications are clear: There is public backlash, and even financial loss for those who will not openly affirm the current and popular philosophic views of sexuality.
Concluding Reflections
The law, as well as restraining behaviour, operates also to change public attitudes. With the revised Marriage Act, future laws and interpretations of these laws, and future social norms will all be defined by this wording. The two examples that I cited above are not exceptional but are becoming the norm. It is important to note that these examples took place before changing the Marriage Act. What are we to expect now that the law has altered? While clergy have been given an exemption in relation to the weddings the choose to conduct, student clubs on university campuses, and employees in companies are nervous and are already being bullied into abandoning religious beliefs that have been long held.
At the time when the Federal Parliament was deliberating the Dean Smith Marriage Bill, Former Deputy Prime Minister, John Anderson, wrote,
“West Australian Liberal senator Dean Smith’s bill guarantees only “the right of clergy and religious institutions” to decline participation in same-sex marriage services and celebrations. There is by omission no recognition of the likelihood of damage to the freedom of conscience for ordinary citizens and their businesses. Smith and many of his colleagues seem unmoved by the encroachments on freedom of speech and conscience already demonstrated in Australia.
Smith’s exemptions approach arguably does more harm than good, for it assumes freedom of conscience is of worth only to professional religionists and not to all Australians. This weakens even further the standing of this important democratic right and makes it an easy target for those who would lobby to erase this exemption and similar exemptions that may remain in state legislation.”
Why is this a problem? Because 4.83 million Australians have said that they do not support same sex marriage. Millions of Australians potentially face loss of income, employment, and facing tribunals for adhering to a view that will no longer be supported by the law.
Along with many fellow Australians, I am asking:
Will Australians be guaranteed freedom to continue teaching and explaining the classical view of marriage and sexuality, not only in a Church but also in public places including universities?
Will religious schools maintain freedom to teach and affirm the classical view of marriage?
Will our children in State schools have liberty to express, without bullying, a Christian view of marriage? Will parents have freedom to opt-out children from lessons that advocate views of marriage and sexuality that contravene their religious convictions?
The concept of a free exchange of ideas, and the notion of respecting others whilst disagreeing with them has helped cultivate the freedoms and prosperity we enjoy today as a nation. This successful pluralism relies upon a Christian worldview. It is not irreligion that brought religious pluralism to our shores, but the Christian view that we ought to love our neighbours, and that authentic belief in God comes about through persuasion not coercion. It is a sad reality that influential elements of society are deliberately turning us from these ideals. It is because of this fractured pluralism that we need to now carefully consider how we might encourage and make certain that freedom of religious expression, speech, and practice may continue, and remain a hallmark of Australian society.
[1] – It is worth noting that this theory of sexuality can no longer be taught in NSW schools. Another program, Safe Schools, continues to be taught in Victoria and is compulsory, with the Government ignoring the recommended changes introduced by the Federal Government. This curriculum is being abandoned altogether in some other States due to its extreme ideological and unscientific content.
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