The Australian government news, published this opinion (they often publish different ones): noting that the law allows discrimination, and should continue to
ABC Australia : Opinion / The Drum | 'Discrimination isn't always such a bad thing' by the lawyer: Adam Ch'ng at 12 APRIL 2012 Australia Time
"Having attended a Catholic high school, I quite reasonably assumed that my teachers were themselves, well, Catholic.
Similarly, it would be slightly inappropriate if the staffer employed by my local Liberal parliamentarian was a card-carrying member of the ALP.
It therefore strikes me as passing strange that there are calls to prohibit religious schools from being able to refuse employment to someone whose religion, sexual orientation or marital status is inconsistent with the school's religious belief. In short, it is an attempt to restrict the right to discriminate.
As it stands, the Victorian Equal Opportunity Act prohibits discrimination against persons with an 'attribute' - such as sexual orientation, religious belief or disability - in the course of employment, education, and other activities.
However, there are approximately 44 exceptions to the rule. One such exception is found in section 83 which provides that religious schools may discriminate on the basis of a person's religion, sexual orientation or marital status, where the discrimination:
"... conforms with their religious doctrines; or is reasonably necessary to avoid injury to the sensitivities of the religious adherents."
Section 83, it is proposed, should be repealed.
Each of these groups [schools etc: however] has a legitimate core philosophy that defines their very reason for existence. To adapt Justice Sachs' words in Christian Education South Africa v Minister of Education, the state should seek to avoid putting people to extremely painful and intensely burdensome choices of either being true to their faith or philosophy, or else respectful of the law.
The simple truth is, religious schools are already playing by the rules like 'everyone else'. If the equal opportunity crusaders really want a level playing field, why don't they lodge a complaint against the university womyn's group for discriminating against men?"
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