Equal Opportunity (Religious Bodies) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 28 August 2024.)

The Hon. S.L. GAME (16:35): I rise briefly to oppose the honourable member's bill. I will continue to stand with all faith-based organisations and oppose this proposal to remove the right of religious schools and organisations to determine their own employment policies in accordance with their own religious beliefs and values. It is important to note, however, that the religious exemptions for schools do not apply unless a school has either (a) a written policy stating its position, or (b) the policy has been given to all prospective employees.

This is a fair and proportionate approach as it requires educational institutions to provide a copy of their employment policy to any person being interviewed or offered employment. This means that any religious school wanting to be exempt from antidiscrimination laws must inform prospective employees of the school's position on the employment of LGBTI people. Through this transparent process, both employer and employee can be confident that both parties are aware of their rights and responsibilities and both parties are free to accept or reject any offer based on their own values and beliefs.

My concern is that the removal of religious exemptions is a disproportionate and unjustified measure, which conflates the elevation of LGBTI rights with the demise of religious freedom. This does not need to be the case. Both rights can coexist in a balanced and proportional way and any proposal which purports to protect the rights of one group by removing the long-held rights of another group is misconceived.

Religious freedom is a fundamental human right enshrined in international law and ratified and recognised here in Australia, along with the explicit constitutional right to freedom of religion. Under article 18.4 of the International Covenant on Civil and Political Rights, all parents have the right to ensure their children are educated in accordance with their own religious and moral convictions.

According to the Australian Bureau of Statistics, a growing number of parents in South Australia continue to exercise this fundamental right by choosing non-government schools to educate their children, with 37.9 per cent of enrolments or 104,911 students attending non-government schools in South Australia in 2023, a higher proportion than in any other state.

Out of these thousands of students and teachers in non-government schools across South Australia, I would suggest there are many who identify as LGBTI. While I share the honourable member's concern about bigotry, I would argue that, given the current diversity in staff and students across South Australia, our non-government schools should be commended for their inclusivity and not chastised for holding religious beliefs and values which some may perceive as outdated and irrelevant.

In a recent article in the CathNews, the current director of the National Catholic Education Commission, former Labor Senator Jacinta Collins, expressed her concern about the growing perception in contemporary Australia that making choices based on religious beliefs and values is somehow discriminatory or at odds with modern society. I note that, when presenting this bill before the chamber, the Hon. Robert Simms described opponents to this bill as crazy and he cautioned the Premier and members from choosing to side with what he labelled 'wacky stuff'.

I have no doubt that many members in both chambers of this parliament would have attended non-government schools, and no doubt many members also send their children to non-government schools. Choosing to enrol your child in a religious school that is consistent with your own morals and values is not wacky or crazy; it is a thoughtful and considered choice based on many different factors. As stated by Jacinta Collins, for parents:

Choosing a faith-based school is not an act of exclusion or discrimination; rather, it is a deeply personal decision for parents driven by their desire to raise children in an environment that nurtures not only their academic and cultural development, but also their spiritual formation, understanding of religious teachings, and eternal relationship with God.

The current religious exemptions under the Equal Opportunity Act ensure that faith-based schools will continue to offer parents a choice about the role of religious values in their child's education. Additionally, LGBTI teachers, students and parents will continue to have the right to make an informed choice when choosing a school that reflects their own values and beliefs.

Under the current laws, schools will continue to be required to show prospective employees their policies, and parents and students can request to see a school's enrolment policy. The current laws are fair and proportionate, providing all parties with a transparent legal framework that allows schools, parents, teachers and students to act in accordance with their own beliefs and values without any need to infringe on the rights or freedoms of others. The religious exemptions do not need to be removed. We just need to acknowledge and respect the values and beliefs of others.

Debate adjourned on motion of Hon. I.K. Hunter.