by Tracy Gordon

Greens Senator Ms Lee Rhiannon MLC has launched a NSW Greens Private Member’s Bill that seeks to change NSW anti-discrimination law, and which if passed will give Christian schools and theological colleges less say over who works for them and who they can enrol as students. The Bill would also give religious organisations less say over who they provide services to.
Currently the State Anti-Discrimination Act (1977) includes exemptions for “private educational authorities”. The exemptions allow Christian schools and theological colleges to discriminate in who they employ and who they enrol as students in ways which are not generally permitted.
The Greens’ Amendment Bill (2004) proposes to remove these exemptions so that Christian schools and theological colleges would be required to employ people and enrol students irrespective of disability, responsibilities as a carer, age, gender, transgender status, marital status and homosexuality.
Ms Rhiannon says the Bill is an attempt to close ‘loopholes’ in the 1977 legislation that the Greens’ Party feels are in opposition to human rights.
“People, whoever they are, if they are not exploiting others, they should be allowed to live as they choose, and enjoy the full rights and protections of the law,” Ms Rhiannon said. “A person should be employed on the basis of their ability, not according to their gender or sexual status”.
However, the Bill also shows how rights often compete, said diocesan Legal Officer Robert Wicks. “On one hand our society believes there is a right not to be discriminated against for insufficient reason. On the other hand our society also believes in a right of freedom of association,” Mr Wicks said.
“This means that people who share particular religious views should be entitled to associate without being compelled to include people who do not share those views, just in the same way people with particular political or union views are entitled to do,” he said.
“In the context of schools, parents send their children to Christian schools in expectation that Christian beliefs and values will be taught and demonstrated,” said lecturer in Ethics at Moore Theological College, the Rev Andrew Cameron.
“In this respect, the Christian school is not only an expression of freedom of association but also a time-honoured expression of freedom of religion. If the State decides to prevent Christian schools from choosing teachers who promote and practise Christian beliefs, the school’s distinctiveness as a Christian organisation will be lost.”
Mr Cameron admits the 1977 Act ‘may need tidying up’. “Presumably, a truly Christian organisation would cater for the disabled, or for someone in sole care of a child,” he said.
“However, it seems that the focus of Ms Rhiannon’s concern is to compel private educational authorities to employ teachers regardless of their gender or sexual practices and beliefs.”
The Bill can be viewed online at www.lee.greens.org.au/campaigns/LGBTI/equality.pdf.