Religious Freedom Review: ECAJ ‘cautiously welcomes’ findings + Schools reject discrimination | AJN

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ajn-20181221-p5 ECAJ cautiously welcomes findings + Schools reject discrmination

ECAJ ‘cautiously welcomes’ findings

December 23, 2018

THE Executive Council of Australian Jewry (ECAJ) has “cautiously welcomed” the long-awaited release of the Religious Freedom Review and the federal government’s response.

The government has endorsed 15 of the 20 recommendations in the report, which was handed down in May but only released last week.

Prime Minister Scott Morrison said the government plans to introduce a Religious Discrimination Act, employ a Freedom of Religion Commissioner at the Human Rights Commission and look to introduce a range of other amendments.

The issue of whether religious schools should be allowed to discriminate based on LGBTI+ status has been deferred for the time being.

“Discrimination on the basis of a person’s identity – including their religious identity – is unacceptable … we [also] respect the right of religious institutions to maintain their distinctive religious ethos. Our laws should reflect these values,” Morrison and Attorney-General Christian Porter said last week.

“Our commitment to striking an appropriate balance is clear. We are committed to finding a way forward that cuts through the political debates about whether some rights are more important than others.”

ECAJ co-CEO Peter Wertheim said that although the roof body believed religious freedom in Australia is not under threat, “as both an ethnic and a faith community we support the government’s intention ‘to further protect, and better promote and balance, the right to freedom of religion under Australian law and in the public sphere’.”

He said there “should be little controversy” about the endorsed recommendations, but did say the introduction of a Religious Discrimination Act will be more contentious.

“On the one hand the legislation will prohibit discrimination on the basis of a person’s religious belief or activity … on the other hand there will be similar exemptions to those in other anti-discrimination legislation,” he said.

“In practice, however, some difficult situations may arise in which one or the other principle will have to give way, and where no broad social consensus exists as to which principle ought to prevail.”

Wertheim added the creation of the Freedom of Religion Commissioner role was “good sense”.

Australia/Israel & Jewish Affairs Council director of community affairs Jeremy Jones said the government would have a “difficult task trying to get the correct balance between protecting the right of all Australians to enjoy religious freedom while also trying to ensure that we can have full and robust discussion on matters of concern”.

GARETH NARUNSKY

MEDIA RELEASE: Religious Freedom Review and Federal Government Response | ECAJ

MEDIA RELEASE: Religious Freedom Review and Federal Government Response

To download this media release in PDF format, click here.


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Religious Freedom Review and Federal Government Response

16 December 2018


The Executive Council of Australian Jewry, the peak representative body of the Australian Jewish community, has cautiously welcomed the release of the Religious Freedom Review handed down by the Expert Panel chaired by the Hon Philip Ruddock, and the Australian government’s response to it.

“Although we believe that religious freedom in Australia is not, and has never been, under serious threat, as both an ethnic and a faith community we support the government’s announced intention ‘to further protect, and better promote and balance, the right to freedom of religion under Australian law and in the public sphere’”, said ECAJ co-CEO, Peter Wertheim. “Much will depend on the governments of the States and Territories acting in co-operation with the Federal government to achieve that goal”.

“There should be little controversy about 15 of the Expert Panel’s 20 recommendations which the government has accepted either directly or in principle. These would ensure, for example, that charities do not lose their status simply for advocating a traditional view of marriage; that the government collects, analyses and publishes data about various forms of infringement on religious freedom; and that public education programs are developed about human rights and religion in Australia,” Wertheim said.

According to Wertheim, the proposed introduction of a new Religious Discrimination Act will be more contentious. “It’s relatively easy to state the broad principles” he said. “On the one hand the legislation will prohibit discrimination on the basis of a person’s religious belief or activity, including on the basis that a person does not hold a religious belief or participate in a religious activity. On the other hand there will be similar exemptions to those in other anti-discrimination legislation, which enable religious institutions to function in accordance with their religious beliefs and principles. In practice, however, some difficult situations may arise in which one or the other principle will have to give way, and where no broad social consensus exists as to which principle ought to prevail. The devil will be in the detail and I expect that many parts of the Bill when it is introduced will attract passionate debate”.

Wertheim said that if the legislation is passed, there is “good sense” to the government’s proposal for a stand-alone Religious Freedom Commissioner in the Australian Human Rights Commission to oversee religious freedom in Australia and handle religious discrimination complaints.

Wertheim said it was understandable that the Panel’s recommendations for amending the current exemptions to the Sex Discrimination Act might be referred to the Law Reform Commission. “Legislative changes have often had unintended consequences, and it is prudent to try to minimise the scope for these to occur through the well-established processes of the Commission. This is another area where statements of abstract principle can seem more clear-cut than the way they would be applied in real life situations”.

The government has also referred to the Law Reform Commission the Panel’s recommendations that religious schools no longer have the right to discriminate against students or employees on the basis of their race, disability, pregnancy or intersex status. “It’s hard to see how discrimination on these other grounds can have anything to do with religious freedom”, Wertheim said. “I would have expected the government to accept the Panel’s two recommendations about these matters”.

Contact
Peter Wertheim AM | co-CEO
ph: 02 8353 8500 | m: 0408 160 904 | fax 02 9361 5888
e: pwertheim@ecaj.org.au | www.ecaj.org.au

ECAJ-Media-Statement-Religious-Freedom-Review-and-Federal-government-response-14.12.2018

 

Zoe Goodhardt, Liebler Yavneh College, religious freedom and equality

One parent at Leibler Yavneh College is reported to not value “freedom and equality” for her children despite the school stating it won’t discriminate against LGBTIQ students and staff.

On the front page of The Australian today (“Keeping religion alive lies at heart of family’s values”; Dec 14 2018) Brad Norington and Elias Visontay write of parent Zoe Goodhardt’s decision to send her children to Orthodox Jewish school Leibler Yavneh College:

20181214 The Australian front page

When it comes to freedom and equality, she says there are plenty of other schools for parents to enrol their children, but choosing a school for Ezra, Rami and ­Jasmine was about choosing a community.

The article concludes with:

Mr Morrison confirmed yesterday that his government had ­accepted most recommendations of a review by former Howard government minister Philip Ruddock into religious freedoms.

Attempting to defuse a parliamentary impasse over the treatment of gay students within religious schools, Mr Morrison will refer this issue for further ­review by the Australian Law ­Reform Commission.

Legislation enabling same-sex marriage has created theological and ethical difficulties for several religious schools, including Jewish, Muslim, Hindu, Coptic-Christian and Catholic, where it may clash with traditional teachings

On November 27 2018 J-Wire reported of Leibler Yavneh College:

Principal Cherylyn Skewes and Chair Avi Gilboa stated: “Our College ethos is underpinned by Jewish Law (Halacha) which mandates love and compassion towards our fellow. As such, we ask that the Senate Inquiry ensures that no student or staff member suffers any form of discrimination including those relating to sexual orientation and gender.

It’s unclear exactly what Zoe Goodhardt had in mind when she was responding to a question from The Australian on “freedom and equality”, but what is clear is the position Leibler Yavneh College has made on not discriminating against LGBTIQ students and staff.

It’s disappointing comment was not sought by The Australian from the school’s principal, as this would have offered the necessary degree of balance and perspective that is typically absent from this publication’s content.


Keeping religion alive lies at heart of family’s values

Zoe Goodhardt with her children, Ezra, 6, Jasmine, 1, and Rami, 4, at their home in Caulfield, Melbourne. Picture: David Geraghty
Zoe Goodhardt with her children, Ezra, 6, Jasmine, 1, and Rami, 4, at their home in Caulfield, Melbourne. Picture: David Geraghty

Sending her three children to Leibler Yavneh College at Elsternwick, in Melbourne’s southeast, is a form of “life insurance” for Zoe Goodhardt.

But this is an insurance policy like no other. It is the guarantee, Ms Goodhardt says, that her family’s Jewish faith and way of life can continue untrammelled.

So it is no surprise as rising secularism clashes with the beliefs and values of traditional faiths that Ms Goodhardt, 32, has rushed to support Scott Morrison’s pledge to protect religious freedom.

The Prime Minister’s commitment to overhaul federal discrimination laws, revealed in The Australian yesterday, is intended to introduce new provisions prohibiting discrimination against the right of individuals to practise their religions.

“I think it’s our right, and the right of the school, to cultivate a community at the school in line with their ethos and values,” Ms Goodhardt says.

When it comes to freedom and equality, she says there are plenty of other schools for parents to enrol their children, but choosing a school for Ezra, Rami and ­Jasmine was about choosing a community.

At Yavneh College, that community is based around the modern orthodox school’s mission to adhere to Jewish law (Halacha), ethical behaviour (Derech Eretz) and Zionist ideals.

Mr Morrison’s pledge on religious freedom will allow Yavneh to keep its strict admission policy permitting Orthodox Jews only.

“I know the kids could get a great education at a public school, but I want them to grow up in a community with our values,” Ms Goodhardt says.

“It’s problematic to think that the school I and my family have grown up in wouldn’t have the right to continue with their ­culture.”

Ms Goodhardt, a marketing manager, lives with her husband, Dan, and their children in Caulfield North, a suburb in the heart of Melbourne’s Jewish community, the nation’s largest.

Both also attended Yavneh.

Zoe Goodhardt’s parents were the children of Holocaust survivors, originally from Lodz, Poland, who arrived in Australia after the war looking for a safe Jewish community.

Mr Goodhardt, a counter-­terrorism analyst, arrived from England as a boy with his parents, whose similar quest was “for a free Jewish community”.

The family, says Ms Goodhardt, feels safe but with much thanks to the Jewish community in Melbourne that has been able to grow. Daughter Ezra, 6, has just finished Grade 1 at Yavneh while Rami, 4, has completed senior kinder at the school; Jasmine, 1, will start at the Yavneh creche next year.

In its mission statement, ­Yavneh says the school strives to develop resilient, independent learners equipped to “participate effectively as Jews in the outside world”. The school embraces Australian heritage as well, encouraging students to take pride in it and contribute to the nation’s future.

Mr Morrison confirmed yesterday that his government had ­accepted most recommendations of a review by former Howard government minister Philip Ruddock into religious freedoms.

Attempting to defuse a parliamentary impasse over the treatment of gay students within religious schools, Mr Morrison will refer this issue for further ­review by the Australian Law ­Reform Commission.

Legislation enabling same-sex marriage has created theological and ethical difficulties for several religious schools, including Jewish, Muslim, Hindu, Coptic-Christian and Catholic, where it may clash with traditional teachings.

Moriah College rejects all discrimination against LGBTIQ staff and students

Moriah College’s statement on discrimination based on sexual orientation and gender identity.

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Aleph Melbourne warmly welcomes Moriah College’s statement rejecting all legislative exemptions that allow faith-based educational institutions to discriminate against students and staff.

Further to their statement “We expect staff to act publicly in a manner that is not inconsistent with the ethos, tenets and values of the school.” the school advises “that Moriah’s expectations are the same for, and of, all staff”.

See our table of responses from Jewish schools across Australia.

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UJEB’s statement on discrimination based on sexual orientation and gender identity

UJEB’s statement on discrimination based on sexual orientation and gender identity.

UJEB logo

Aleph Melbourne warmly welcomes a statement from the United Jewish Education Board (UJEB) rejecting discrimination against students, parents, teachers or other members of staff on the basis of sexual orientation or gender identity.

See our table of responses from Jewish schools across Australia.

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