BALANCING ACT - THE RIGHT TO FREEDOM OF RELIGION AND THE RIGHT NOT TO BE SUBJECTED TO HARMFUL DISCRIMINATION

At the 2008 Synod the Justice and International Mission Unit brought a recommendation to Synod that sought to clarify where the Synod understood the balance between the right not to be harmed by discrimination versus the right to religious freedom lay. A key part of this consideration is the role the State should play in compelling religious groups to not carry out forms of discrimination, even where such groups believe that the form of discrimination they are carrying out is an essential part of the practice and maintenance of their faith.

From its formation, the Uniting Church in Australia has stated that its understanding of the Christian faith means that it is opposed to certain forms of discrimination, especially racial discrimination. At the same time, in 1993 the Synod of Victoria passed a resolution that stated, notwithstanding the Church’s broad opposition to harmful forms of discrimination, it supported the exemption under Victorian law for religious groups to carry out certain forms of discrimination.

At the start of 2008 the Victorian Government commissioned an independent review of the existing exemptions and exceptions under the Equal Opportunity Act 1995, which includes the exemptions for religious groups. At the time of writing the Victorian Parliament Scrutiny of Acts and Regulations Committee is carrying out a public inquiry into possible changes to the exemptions and exceptions under the Act.

The Justice and International Mission Unit was keen to test if the membership of the Synod would be willing to support the Synod calling for legal changes that would limit the legal right of religious groups to carry out discrimination, even where the religious group believes that such discrimination is necessary for the practice and maintenance of their faith because of the harm such discrimination causes to those who are on the receiving end of it. For example, the Unit would argue that no religious group should have a legal right to carry out discrimination in areas covered by the Victorian Equal Opportunity Act on the basis of race, even if such a group believes that racial discrimination is an essential part of their faith.

The Justice and International Mission Unit rejects two extreme views. The first is that religious groups need no exemption under law from equal opportunity legislation. The Unit accepts that religious groups need protection under law from those who would attempt to use equal opportunity law to mount vexatious and malicious claims in an attempt to undermine the religious group. On the other hand, the Unit rejects the idea that the right to religious freedom is absolute and the State has no role in legally restraining the activities of religious groups. In fact there are few religious groups that would genuinely take such a position. For example, in Victoria it is illegal to carry out female genital mutilation. Few, if any, Victorian religious groups oppose this law, even though there would be people who argue that the practice is an essential part of the practice of their faith.

The 2008 Synod meeting decided to maintain the position adopted by the 1993 Synod and tasked the Justice and International Mission Unit with consulting on the issue and producing a detailed report on the issue to be brought to the 2010 Synod meeting.

The discussion paper that can be downloaded from this site aims to explore the issues related to the Uniting Church in Australia, Synod of Victoria and Tasmania, seeking to support an appropriate balance between the right not to be subjected to harmful discrimination and the right to freedom of religion. The position adopted by the Synod will clearly have implications for our ecumenical and interfaith relations, and thus these must be considered as a factor in deciding what position the Synod adopts.

This discussion paper is in two parts. The first part provides an overview of issues that should be considered in the Synod forming a view on where the balance lies between its commitment to oppose harmful forms of discrimination and its commitment to uphold the right to religious freedom as they apply to anti-discrimination legislation. Some questions for consideration are also included. The appendix of the report contains detailed information that fleshes out the brief information provided in the first part for those that want an understanding of the detail.

You are invited to make submission to the Justice and International Mission Unit in response to the issues raised within the discussion paper. You are free to address the questions included in the discussion paper, but you are in no way constrained to respond simply to these questions.

Submissions will be accepted up until Monday 2 November and can be sent to:

A Balancing Act Submission

c/- Justice and International Mission Unit

Uniting Church Centre

130 Little Collins St

Melbourne, Victoria, 3000

E-mail: jim@victas.uca.org.au

Fax: (03) 9251 5241

Submissions can be in any written format that you choose.

A summary of the views and evidence put forward in the submissions will be included in the final report to the 2010 Synod meeting.

The Unit is also happy to come out to Presbytery meetings, congregations and small groups to hear people’s views on the issues raised by the discussion paper. To set up a time, please call (03) 9251 5286 or e-mail antony.mcmullen@victas.uca.org.au.