‘NO BALANCE WILL PROVIDE PERFECT JUSTICE FOR EVERYBODY’

Reaction to Religious Discrimination Bill

By GARETH NARUNSKY
December 2, 2021, 11:01 am

AS the latest draft of the federal government’s Religious Discrimination Bill is discussed in parliament and the media, Executive Council of Australian Jewry co-CEO Peter Wertheim said “it is appropriate that we are having this debate during Chanukah”.

“As much as the Jewish people admired many aspects of Hellenistic learning and civilisation, we totally rejected any attempt to forcibly assimilate our people into the then prevailing culture, and give up our beliefs and our identity,” he said.

“No faith community should be pressured into assimilating into today’s prevailing secular culture.

“It is particularly important for the religious organisations of minority faith communities to continue to be free to look after the religious and cultural needs of those communities.”

Commenting more specifically on the bill, Wertheim noted some of the “more contentious” aspects of the previous drafts have been removed, notably protections allowing employers to restrict religious speech outside the workplace – commonly referred to as “the Folau clause” – and the conscience protection for healthcare professionals.

“What is left is a conscientious attempt to balance prohibitions against religious discrimination with the freedom of religious organisations to operate according to their ethos,” he said. “No such balance will provide perfect justice for everybody. This bill tries to minimise the scope for injustice.”

Contrary to misconception, the bill does not speak to whether religious schools can exclude LGBTQI+ students – the Sex Discrimination Act already technically permits this – but under the legislation religious institutions would be allowed to have faith-influenced hiring policies, although these policies would need to be made public.

But Jewish organisations The AJN spoke to indicated they would not use the provision.

Moriah College principal Rabbi Yehoshua Smukler said the school seeks to employ high-calibre staff and “gender, identity, race and religion make no difference”.

“We aim to integrate Modern Orthodox Zionist Jewish values into our modern world and society, and we view the diversity of our educators and workforce as a huge benefit in achieving this goal,” he said.

“Diversity enriches the educational experience for our children.”

Emanuel School principal Andrew Watt said the school aspires to be “welcoming and inclusive … known for its genuine acceptance and understanding of diversity”.

“Emanuel School employs both Jewish and non-Jewish staff. We welcome staff and students into our school community, regardless of their sexual orientation or gender identity. Our enrolment and recruitment practices will remain unchanged,” he said.

Montefiore CEO Robert Orie said, “With more than 1000 employees, Montefiore is proud to employ a diverse workforce that spans many cultures, traditions and LGBTQI+ groups and our residents support and celebrate the diversity of our staff.”

Meanwhile, the state government said it is still committed to making amendments to the NSW Anti-Discrimination Act to prohibit discrimination on the grounds of religion, but will wait to do so once the federal legislation is passed.

“This will allow the government to closely consider the Commonwealth legislation to ensure that its interaction with NSW legislation can be fully understood and that constitutional inconsistency is avoided,” said Attorney-General Mark Speakman.

But NSW Jewish Board of Deputies CEO Darren Bark urged the government to act without further delay.

“The Parliamentary Joint Select Committee heard wide-ranging submissions from the community and produced a comprehensive and well-considered report,” he said.

“The Attorney-General has announced that religious discrimination will be outlawed in NSW, which is one of only two states in Australia that doesn’t have laws against religious discrimination.

“The NSW government has an opportunity to act now. We look forward to seeing these laws progressing through Parliament.”

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

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