Showing posts with label Australian Religious Freedoms Under Threat. Show all posts
Showing posts with label Australian Religious Freedoms Under Threat. Show all posts

Wednesday, 8 May 2019

Folau Religious Expression – Implications for Work Participation


Folau’s widely reported breach of Australia Rugby Code of Conduct and threat of a job loss for quoting bible verses on his social media contrary to his employer and sponsor wishes bring into focus tensions between religious faith and practices, and the new Australian cultural turn – where these are said to intersect with the world of work.

The Folau-Rugby Australia dispute points to far-reaching work participation implications beyond this particular Wallabies superstar.

This star re-sparked the controversy by expressing personal faith views about the passage of the Tasmanian State Parliament new laws making it optional for birth certificate registration to include gender – it is no longer compulsory for new-borns to be identified as male or female in Tassie.

This Tasmanian State law also allows 16+ year olds to change their previously registered gender without parents’ consent as per media reports see this links.

So what did he say to make some people take offense? Folau who we are told is also a preacher remarked on Instagram that “Drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists, idolaters, hell awaits you. Repent! Only Jesus saves.” If you Google you will see the verse is taken from 1 Cor 6:9. Here is the bible link.

Work participation is crucial for each person’s existence, survival and actualization of potential regardless of your faith, ethnicity, sexual identity, disability, and so forth. That’s how in the past we have understood the workings of Australian pluralist society.

But Australia is experiencing a cultural turn as shown in 61.6% who voted in favour of Same Sex Marriage contrasted with 38.4% who disapproved.

But does this mean the 38.4% or more are not allowed to comment on any flow-on effects of SSM legislative reforms such as registration certificates for newly-born or the 16 year olds in their social media communities or church?

Social media such as Instagram, Facebook, Twitter, and YouTube are significant spaces where community of believers conduct practices that support maintenance and growth of their faiths, aside from physical spaces. I presume they share info, discuss things of faith, and explore different ways of applying their faith and beliefs to everyday life.

These days in many churches preaching is not simply done by those with the mantle of a professional preacher. Neither should it be. There are many lay preachers who hold other jobs in other parts of secular society.

Following the ‘high-level breach’ verdict made by the Independent Panel against Folau, can we expect to see more people prevented from quoting various bible verses and risking losing their job with other employers?

Is there a danger of instilling totalitarian tendencies in how Australia thinks community of everyday believers are now to be governed and regulated to make them apparently fit the post-modernist and ‘post-faith’ society?

Obviously we can find many biblical verses on the gospel of ‘grace’, ‘love’, or on ‘not bruising a broken reed’. But I think for Christian commentators unless you are speaking from a position of spiritual revelation I don’t think many of us are in a position to say which verse would have been better used by Folau to make his criticism about birth certificate reforms.

It seems to me as Australia gradually shifts from pluralist democracy to identity politics as an underpinning of its governance system, new challenges are inevitable because two different sets of rights and belief systems are now at odds on some key areas. These points of contention are becoming more evident as time goes by.

In my view, there is more to this than simply whether those of us who profess to be Christians agree, disagree or are uneasy about how Folau made his point. It is no secret that many other reforms are in play across Australian jurisdictions reportedly as a way of aligning with the federal SSM changes. It just happens that this time the risk to work participation is highlighted in the Folau-Rugby Australia dispute.

In the past under Australia’s Equal Opportunity policies many people used to broadly think of access and equity in terms of ensuring people were not barred from safely participating in employment, service access and various public opportunities on basis of gender, religion, sexuality, disability, race and such. The new cultural turn involving identity politics seem to be suggesting that people can only contribute to the ‘nature of a good society’ by recanting some their Christian beliefs.

If we are to be honest, perhaps a decade before SSM was legalised in Australia, a few mainstream public institutions and non-government entities were already screening for some employment positions in favour of staff that can support greater acceptance of diverse sexualities and gender identities – and promote supportive environments for such groups.

Some notable employer websites already expect conformity with values and visions that require employees who can positively promote and celebrate the spirit of diverse gender and sexual identities. How many of these requirements are key to duties at hand, I wouldn’t know. Is it all legal or inclusive, I don’t know. In what way this aligns or conflicts with existing Australia’s EEO laws or the Article 18 of the UN Declaration of Human Rights? There is a fair bit to flesh out.

In my view I think there many issues that federal Parliament did not deal with prior to SSM legalisation or after about religious protections. The Ruddock Review Report got eventually released but in all honesty, given the state of politics, perhaps the timing was never conducive in sorting out religious protections legislatively.

Where to from here on the employment front? Whatever sanctions or settlement Rugby Australia reaches with Folau, there are emerging issues for Christians in private or public social media spaces they can expect to face. Even if you are the sort that uses the discourse of ‘grace’, will you constantly self-censor yourself just in case a discussion you are having with your social media tribe veers on when God brings the ’age of grace/dispensation to end’, or ‘that every human being is a sinner in need of cleansing and renewal’, or your tribes’ chats on ’redemption’ or ‘repentance from idolatry of our digital gadgets or money…. ’ (just some examples).

Do you abandon social media involving your local community, faith networks or whatever for fear of losing future job opportunities? Do you quit acknowledging that you are Christian in public forum for fear of being misunderstood or targeted within context or out of context?

Also, now that the overarching federal SSM legislation is in place, we could be seeing intensification of these sorts of employment dispute in the future unless religious protections are put in place. If you assume that 38.4% of the voting population did not support the SSM vote, and also a few more who supported assumed flow-on effects will not occur – then I think the Folau case is one of a few more others to come beyond the sports field.

In the near future, the Federal Parliament may be forced to adjudicate whether they believe employment in public and non-public institutions must demand that bible verses deemed offensive by some must not be used by Christians who seek to participate in such work life. Good luck to them how they sort this one out. Personally I think the UN did a better job in balancing everyone’s rights with Article 18.

As things stand, I think we will continue to see some individual organisations doing their own thing, and those aspiring to succeed playing greater part in celebrating and promoting diversity in gender and sexual identities. Whether this then means bible believers can expect reduced opportunities is something to watch.

On things community, it disturbing to think some of the Pacific Islander communities could have their participation into Rugby as community, elite sport and associated income possibly under threat because they share bible verses in church and social media spaces with their community folk and interested parties.

If mainstream society decides to sanction these groups, how long before you impact social cohesion?  It sounds to me that the wisdom of pluralism is going out of the window.

Pluralism assumes existence of groups with diverse and even competing interests. When you govern with some pluralist thinking in mind you know a way of governing partly and inevitably requires managing competing interests in while promoting a common good.

In a previous article I suggested Australia was at cross-roads when discussing the contestation around education and parental rights following SSM federal legislation. Today the Folau-Australia Rugby dispute puts a spotlight on risk to work participation. Some will say it’s not like our Parliaments didn’t know at some point they will have to grapple with these issues. It is also possible, who knows, perhaps the courts are gonna get busy.

The Gospel is clear about extending dignity to each other as human race and all born in the image of God. There is so much we have in common than what divides us. Pray for wisdom for those who lead us: See this verse.

Monday, 3 December 2018

Religious Freedoms Challenged – Australia at Crossroad



Religious School Freedoms - A Glance
There is a titanic cultural shift seeking to dislodge certain religious freedoms and values that permeate Australian society. This article highlights freedoms connected to Christian school practices. This contested shift is playing out in diverse ways – in federal and State Parliaments, political parties, school institutions, churches, to name some.

The implications go beyond these Christian institutions. This cultural turn is awakening examination among some about what freedoms are threatened. Some questions go to the crux:
  • Do Christian parents have a spiritual obligation and a right to raise their children in line with their Christian teachings? 
  • Do Christian schools have a right to run schools in line with their spiritual values and practices?
  • Does any Australian Government have a superior authority to put in place laws or school-socialisation programs to foster in children beliefs about fluidity in sexual and gender identities against wishes of some parents?
  • Is it right and just for a Government to put in place legislation forcing Christian school institutions to employ any qualified teacher, even if the teacher does not adhere to Christian ethos or school pastoral care practices?
  • Does the Australian Government hold a superior right to sanctions schools such as withdrawal of funding subsidies where such schools are refusing to nurture diverse sexual orientation in their school pastoral care practices?

These are just some of the concerns at the centre of religious freedom battles in Australia. These cultural and spiritual battles have been simmering for a while. Now the issues are coming to the surface in a somewhat disjointed, pre-emptive and reactive fashion - whether by design or not. It is historical and ground-shaking stuff.


Policy Debates Frames We are Used to
We are used to policy debates about positive/ collective rights (e.g. universal education, healthcare and welfare). We are accustomed to debates about individual rights (e.g. property rights, freedom to conduct business, travel, freedom from coercive laws impinging on individual rights, etc.) Individual rights now also include Same-Sex Marriages (SSM) granted by law a year ago.

Choice at Core of Christianity
Christians are familiar with notions of choice. The Holy book they follow from beginning to end asks them to choose. So it is not a surprise some Christians went along with the idea of Australia holding the SSM plebiscite (vote). As they saw it this choice does not seek to force any individual human being to adopt Christian beliefs. So in a way, SSM may turn out to be even less contentious compared to any idea that Christian schools should be forced to adopt non-Christian ethos.

Why is it more contentious? This is my take. Christianity at its basic level requires every parent to bring up their child in line with Christian teaching. They affirm this during child baptism/ dedication – and the whole congregation is asked to affirm it. It’s not just a cultural tradition - it is an expression of faith. Their biblical texts, from the Old to the New Testament requires of them do so.

Now that SSM is legalised, the impact on other areas of policy means Australia is confronted with having to mediate conflicting choices. Conflicting because what one group sees as their relationship to the Divine, another group sees it simply as a right to be recruited and teach in a school of their choice without regard to the Christian ethos.
These two conceptions are in conflict.

School Issues Not Debated Before Plebiscite
Before the SSM became law some religious freedom advocates expressed concern that legalisation would lead to erosion of religious freedoms. There were strong views by many commentators that debating issues in-depth is psychologically harmful to those of different sexual orientation. Some commentators went as far as making known their views that erosion of religious rights was a positive thing.

At the time many media commentators and politicians maintained that legalisation of religious freedoms will not conflict with SSM rights. They completely dismissed concerns about extent of flow on effects as fear-mongering. Presumably, some in the public believed this line, and others didn’t.

Even a few Christian clergy appearing on media seemed unconcerned about religious rights. Surprisingly some just framed this discussion in terms of clergy’s rights to freely officiate in churches without intrusion. The question of believers (not simply clergy) did not get much attention. It was knowingly or unknowingly assumed by some that believers are not impacted (ale their spiritual practices).

The then PM Turnbull commissioned a review of Religious Freedoms chaired by Philip Ruddock. Perhaps to placate religious groups who had expressed concern that legalisation of SSM was likely to have flow-on effects leading to erosion of religious freedoms. The Ruddock Religious Freedom Review was the expression of this ‘compromise’. https://www.pmc.gov.au/domestic-policy/religious-freedom-review.

Although The Religious Freedom Report was submitted to the Turnbull Government in May 2018, it never saw the light of day. The New PM Morrison is yet to release it either.

Some activist forces pre-emptively leaked selective bits of this Ruddock Report and effectively set a policy agenda. Going by what I saw in the media, many asserted in the media that religious rights must be overridden to accommodate choices and needs of students and teachers that are of same-sex orientation. Initially this seems to have caught the religious freedom advocates on the back foot, but not for too long.

The whole thing has sent shockwaves through some religious adherent circles. Shock waves because of realisation that SSM appear to go beyond what some previously understood it to be. A range of laws are in the process of being reviewed and updated Australian State and Federal Parliaments to accommodates rights that are believed to flow-on from SSM law.

Australian Religious Diversity – ABS Data
It is useful to just keep in mind where Australia is at in terms of people’s self-reported beliefs. According to the ABS (2018) the last 2016 Census found:
  • 61% (14 million) Australians belong to a religion or spiritual belief
  • 86% of all the people identified as religious are Christians
  • 14% (two million) indicated a religion other than Christianity
  • Islam - 600,000 people
  • Buddhism - 560,000
  • Hinduism - 440,000
  • Sikhism - 130,000
  • Judaism - 90,000
  • 30% (7 million)  -  No Religion/ secular - Atheism, Humanism or Agnosticism

 Source: ABS 2018: Australia’s religious diversity on World Religion Day

Fragmentation & At Cross-purposes
Australia seems to be at a crossroad. Take the idea of Christians who encouraged holding a SSM plebiscite - to them the exercise was about freedom of conscience. Freedom to make choices – for oneself and the family they are rearing. This freedom also lets others choose for themselves how they live their lives.

On the other hand, those opposed to religious freedoms are concerned about advancing their own rights in terms of how they live their lives, express and choose relationships. Going by media reports, it seems some are also keen to teach in Christian schools and in their view they don’t see why recruitment practices should exclude them based on their sexual orientation and lack of support of the Christian ethos.

Here it gets puzzling in terms of maintaining community cohesion and harmony. First, Christian schools are not just about secular education - they are also about doing pastoral care. If they are doing their job well, these pastoral care practices would be influenced by Christian values or those sympathetic to such ethos. Let’s say someone is not sympathetic to Islamic, Buddhism or Scientology, is it wise that they work in organisations run by either of such faith? What exactly is the intention? What will be the result?

Same with Christian schools. Such a change if it was to occur will also mean the Australia political leaders in their wisdom are prepared to dismiss spirituality and treat it as something that can simply be reconstructed through a political process.

Australia is a signatory to the Universal Declaration of Human rights - Article 18 specifically affirms religious rights. If any current or future Australia Government decides to ignore Article 18 it seems to me this would be a fundamental shift in how competing secular and religious values have been mediated – in terms of freedoms, it will be a decisive generational shift that erodes autonomous religious choices.

As already noted, while some Christians are concerned about erosion of their freedoms, some appear less so. Some denominations appear to have a shared formal position; others hold more than one position. Some religious organisations may also hold varied positions. So while we are told 61% of Australians identified themselves in Census data as Christian, a substantial 61.6% of those who participated in the SSM plebiscite voted ‘yes’ and 38.4% ‘no’. Notwithstanding that some people did not participate in the plebiscite, as a nation this issue indicates diversity even within the church.

But it cannot be assumed that all the Christians who voted ‘yes’ in SSM would necessarily approve that all school institutions should abandon their Christian ethos where such ethos found itself in conflict with the rights of teachers or students who identified themselves as gay or intersex.

The bottom line seems to be – are there circumstances where the Federal and State Governments will be seeking to force Christian schools to deliver sexual and gender identity content that is opposed to Christian ethos?

On the subject of schisms, currently the Liberal Party is bearing the brunt of it. The divisions emerging out of the SSM flow-on policies are just one. It doesn’t help that some conservative leaders seem oblivious of their role as guardians or custodians of this earth, opting to disregard climate change and energy policies, not even policies framed using market mechanisms. They have also faced a backlash whenever a few in their midst deploy the ‘race’ card to win elections.

Internal party battles are matters on public record. PM Turnbull is gone although active on public sphere. His long seat long held by Libs is gone. We have seen resignations from the party and public battles over what makes the ‘heart of the party’ and who defines it. Add to this, some in the Liberal ranks and their voters want to see gay and intersex rights extended beyond SSM law, who knows where the party will land.

The Labor Party was a strong SSM legalisation supporter and so far has escaped open internal divisions experienced on the other side of politics. So far it appears if it returns to office Labor will further extend those rights in sectors such as schools and perhaps beyond.

Labor seems to look at religion in humanistic or socially constructed terms. Like some of media commentators or even some  Christian ‘moderates’, Labor (perhaps in good faith) seems to see Christians schools as just engaging in discrimination by not showing willingness to recruit gay teachers in the future. There is lack of recognition here that Christian practices are way of life.

Another point of division is evident in some distinct Labor held seats. Official reports show that some key Labor electorates voted ‘no’ during SSM vote. The media and ABS reports include Blaxland, Watson in Western Sydney and McMahon electorates. We also know more Non-English speaking background people were likely to say ‘no’ compared to English-Speaking background Aussies.

Labor is ahead in Party preferred opinion polls by a significant margin. However, if elected, and once a full impact of revisions of federal and State laws flowing on from SSM start filtering down, it will just be a matter of time before those Labor voters are forced to evaluate their willingness to give up religious freedoms.

What Also Comes to Mind
As I have thought through these issues, some political and philosophical thinkers came to mind. What do they have to say about complex situations when you have competing ideas and traditions in need of adjudication? I thought of John Stuart Mill and how he approached the idea of Tyranny of the Majority. I have thought of civil and political rights and protections such as those discussed by contemporary writers such as Patrick Dunleavy. I couldn’t help but also look up T.H. Marshall and his citizenship thesis. And I took a little glimpse of Immanuel Kant.

And if some Politicians in Australia decide it okay to ‘extinguish’ Article 18 of the UN Declaration of Human Rights, what is this precedent setting for the future? And which group could be next?

As I finish this article, I cannot see how it will be possible for Australia to take away Christian freedoms relating to schools and parenting without consequences. It is a big change if it is to be imposed. This is not simply about political competition between major parties and the median voter. The ramifications could go far beyond the two major political parties in the longer term. We are talking about the stuff of life, people’s relationship to what they consider to be their transcendent. What is cultural battle to one person, for others their God is what they live for – it’s where they find meaning. It’s what imparts in their being to love their neighbour. And love their God.


These are by no means the only flow-on religious freedom questions exercising the minds and the hearts at the moment. And Christian institutions or families are not the only ones concerned. As a student of Christianity this is my take of it.