inherent requirement test

Our Rubicon River

/ MurrayCampbell / 5 Comments

Should a cricket club have freedom to appoint persons who share the values of their club?

Should a political party have liberty to pre-select individuals who support and will promote their policies?

Should not a corporation employ professionals who will abide by the values and vision of that institution?

For most of our nation’s history Churches and Governments have enjoyed a mutually beneficial relationship; understanding their distinct roles while together serving for the good of society. Both have had their failings as well as making enormous contributions to building our society, but Australians have always been careful not to confuse the two.  Tomorrow (Tuesday 8th November) this judicious relationship may come to an end as the Victorian Government proposes a hostile takeover of all religious organisations.

The Victorian Legislative Council will tomorrow debate and vote on the proposed Inherent Requirements test. The purpose of this amendment to the Equal Opportunity Act is to require religious organisations to demonstrate that their employees must necessarily subscribe to the beliefs and values of that church, school, or charity. 

Religious organisations currently have freedom to employ persons who affirm the beliefs and practices shared by that organisation; this is only sensible. Should this legislation pass, a tribunal will be appointed by the Government who will determine what constitutes inherent requirements for all religions across the State. In other words, the Government is posturing itself as a teacher and arbiter of theology, with power to inform Churches, Synagogues, and religious schools whom they are to employ.

The Government has presented the amendment as a natural extension in the fight for equality, but the reality is quite different. Labor wants sameness not equality. This Bill will inevitably work against a pluralist and diverse society, and instead demand that Victorians fall into line with a rigid and historically dubious view of secularism.

Dr Michael Bird was right when he called out the inherent requirement test as an example of Secularized Erastianism, a philosophy which asserts that the State shapes and controls religious belief and practice.

I can imagine some secularists will be ecstatic at hearing the Government’s plan to further diminish religious freedom in Victoria, but is there not an air of hypocrisy in all this? Do atheistic humanists really want the Government functioning as bishops over churches, religious schools, and charities? Do nonbelievers genuinely think they have the academic credentials, expertise, and the right to define the theological parameters for synagogues and churches, explicating what is inherently required of that religion or not?

As Dr Bird notes, the problem is that “demonstrate a necessary connection” between beliefs and roles is notoriously subjective. There are no objective criteria here since beliefs and roles will vary from religion to religion and from organization to organization. So who is going to decide when a “necessary connection” exists between beliefs and roles and exactly how they will decide?’

The ‘inherent requirement’ test is all the more ironic, given how the Andrews’ Government has spent the last two years introducing several policies designed to push out Christian involvement from the public square, and now they are intent on invading religious spaces.

I cannot speak for all religious organisations, but when it comes to Christian Churches they are, for the most part, welcoming of anyone from any cultural, religious, sexual orientation background. I am not denying that there are appropriate rules and requirements for those who would serve in a formal capacity, and neither am I ignoring that associations can sometimes get it wrong. But the Christian Gospel is all about welcoming men and women who have no rights on God, no inherent claims on him, and yet in Jesus Christ we are lovingly forgiven and welcomed. This conviction has forged a tradition throughout the world of Christians starting not only churches, but also schools and hospitals and aged-care facilities, without which both our Government and society would collapse.

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Former Victorian Crown Counsel, Mark Sneddon, recently offered this caution against the Bill,

“The proposed bill amending the Equal Opportunity Act will not encourage Victorians to get along with each other. It won’t enable Victorians to live and let live. In fact, it is more likely to exacerbate division by creating legal weapons for forcing some voluntary associations to host or endorse views with which they deeply disagree.

Deep differences of moral vision will not be resolved by trying to legislate one view to supremacy and squashing others. Rather, we should accept that there are different views, and defend each other’s rights to hold and live out different views. Importantly, we should also commit to respectful communication so we can understand each other and agree how to live together peacefully with our differences.”

All the good that this Government may achieve is being swallowed up by their rigid and aggressive social agenda. This legislation is not only nonsensical, it is dangerous; they have reached the Rubicon and are intent on crossing it, and Victorians have no assurances that the Government will stop there.

As our representatives vote, I trust common sense will prevail and that freedom of association and religion will remain after November 8.

Letters for Members of the Victorian Parliament: RE ‘inherent requirement’ test

/ MurrayCampbell / 2 Comments

If you are interested in writing to your local State MP to express concerns about the amendment to the Equal Opportunity Act, here are some salient points that you might include when drafting a letter of your own

 

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Dear Sir/Madam,

I am writing to express concerns over the proposed ‘inherent requirement’ test, that is being re-introduced by the Andrews Government.

Diversity, freedom of association, and freedom of religion, are key characteristics of our liberal democracy that are esteemed by Australians. 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 will cross that line, with the Victorian Government taking a role in supervising whom religious organisations may employ.

First of all, why is this legislation targeting religious groups?

The amendment to the Equal Opportunity Act will not impact 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. For example, it would be unfair to force the Greens to employ a climate-change skeptic, or to expect the local Football Club to appoint a groundsman who was intent on converting the oval into a swimming pool.

It is therefore reasonable to ask, what is the motivation behind the Government focusing on religious organisations, and not others?

Indeed, this amendment to the Equal Opportunity Act is but the latest of a growing list of anti-religious measures that have been introduced by the Government over the last 2 years. I appreciate that some policy changes are being presented as fighting equality for LBGTI people, and some of this is laudable. However other policies are completely unrelated to sexuality issues, and are simply attacks on religious freedoms: removing SRI lessons from schools is one such example. And the legislation itself says its scope is not limited to discrimination on the basis of sexual orientation, but extends to ‘differing religious beliefs’. In other words, it is no longer permissible for a church or school to reject an applicant on the basis of them adhering to a different religion. Such an idea would be laughable, except it may soon become law.

Secondly, the inherent requirement test assumes that the Government has the right to intrude on religious organisations, and influence whom they employ.

This test is 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.

Mr Andrews has stated, “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 counters the very notion of a pluralist society, and is setting up the situation whereby  a Government impose impose its narrow secularist agenda onto groups who do not share their ethical and religious viewpoint.

Thirdly, the test assumes that the Government, and any tribunal set up by the Government, has 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 assumes 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?

I believe this legislation is unnecessary, and will set a dangerous precedent for our future as Victorians.

I am asking that you consider voting against this legislation. I am very happy to answer any questions you may have.

Thank you for taking the time to hear my concerns

Yours Kindly,

Murray Campbell