Assessment of Religious Exemption and Discrimination in Australian Educational Institutions

This report assesses the impact of religious exemption and discrimination on gay teachers and students in Australian educational institutions. It discusses the Ruddock report on religious freedom, existing laws for gay teachers and students, and provides key outcomes and recommendations for the government to abolish discriminatory policies.

ASSESSMENT TASK 1

Table of contents
Introduction................................................................................................................................3
Importance of individual freedom..............................................................................................3
Ruddock report on religious freedom........................................................................................4
Existing law for gay teachers and students................................................................................5
Key outcomes of Ruddock report on religious freedom............................................................6
Recommendations and Conclusion............................................................................................6
References:.................................................................................................................................8
2

INTRODUCTION
Religious exemption is a major factor for all the countries which have a strong belief in
religions. Majority of the states provide special legislations and frameworks for religious
beliefs and practices. In order to practice this kind of issues a major factor that is associated
with it is the availability of special perks and powers that are provided to some of the religion
based schools and institutions. The current issue is associated with an overall development
that is related to cases of exceptions in terms of religion practices and considerations. There
are two specific types of exceptions, namely general exceptions and specific exception. These
exceptions provide with some additional discrimination that can be practiced over the basis of
some specific personal characteristics. This report provides detailed information about the
various prospects and alternatives that are taken in to consideration in order to facilitate the
overall development of any of the religious institutions. Personal preferences like sexual
orientation and religion are some of the most important aspects that are related with
assessment of religious exemption for a large set of people. In addition to this, the availability
of religious exemption and its practice is also supported by the judicial authorities which are
also a major factor of consideration in this report.
IMPORTANCE OF INDIVIDUAL FREEDOM
Individual freedom in many ways is an important factor for the development of a society. It
facilitates an efficient flow of knowledge and information that is of major importance for
almost all sections of the society. In context of religious freedom and individuality, there are
several aspects that need to be improved efficiently in order to facilitate the overall
development under a social scenario. Being gay or practicing different sexual orientation is a
major issue that is largely included in the organizations and it working. The current scenario
in this perspective is determined with an application of contradictory religious beliefs for all
major religions and religious organizations (Calma and Gershevitch, 2009). In the current
context, practicing individual freedom is highly important as it provides unique
characteristics to an operational system. Any system weather it is state authorities or the
federal authorities, all of them must include and respect individual freedom of its citizens.
This individual freedom is defined as the ability to practice their individual preferences and
work accordingly. In the recent years, there has been a huge development in order to specify
and formulate the individuality of citizens and this initiative has also yielded a significant
3

amount of positive results over the year (Galligan and Morton, 2017). In this report a special
attention is provided to the individuality of citizens and their orientation in order to facilitate
and practice self development initiatives. This individuality development can only br
achieved when an uniform set of law can be applied throughout the system which will treat
each and every individual equally and will provide them with freedom on the basis of
thinking, approach and understanding. A huge fact that is included in this report reflects the
use and assessment of religious beliefs and considerations in order to guide the individual
preferences like sexual orientation. This perspective is totally irrelevant as it detoriates the
individual freedom of the people and also limit their approach for development
(Humanrightscommission.vic.gov.au, 2018).
RUDDOCK REPORT ON RELIGIOUS FREEDOM
The Ruddock report on religious freedom explains the firing and hiring of gay students as
well as teachers at various religious institutions. In the year 2017, the government issued a
proposal for assessment of a panel that can be used to discuss, review and formulate the topic
religious freedom and its relative issues. These issues were associated with factors like job
opportunities, social status and practicing of marriages. The panel that was selected for this
discussion included some of the most prominent personalities like, barristers, officials from
Australian human rights commission and religious leaders (House, 2014). The panel received
several submissions from various unions and marriage groups that demanded an end to the
exception in terms of non-religious practices in almost all social proceedings. It was also
aimed to describe the inclusion of religious beliefs in human life and social practices. The
discrimination on the basis of sexual orientation was a major issue that was included in this
perspective. The various groups and associations that were related to this panel and its
decision were largely in favour of eliminating the availability of true religious independence
for all citizens of Australia. In addition to this, various religious institutions like the Catholic
Church and Christian schools Australia were also an important part of this discussion panel
(Kitzinger and Wilkinson, 2004). These religious institutions demanded a religious freedom
act that could enhance their inclusion in fields like employment practices. This report is
framed on the basis of different considerations that are made and relative lacking in the
availability of opportunities for some specific sections of the social arrangement. Since, the
report also provides a major instinct that there is not any reported case of discrimination on
the basis of sexual orientation, neither for teachers nor for the students. This finely tuned
4

analysis is associated with the chances of discrimination that can increase the negative
impacts which are developed as an impact of religious inclusion in the educational
institutions (Theguardian.com, 2018).
EXISTING LAW FOR GAY TEACHERS AND STUDENTS
The existing laws and practices in context of gay teachers and students relate with their
exclusion from basic operational framework of any religious organization. The students and
teachers can be fired and their further inclusion can also be barred in the religious institutions
as the current regulations provide them sole authority to practice wide scaled discrimination
on the basis of these factors. It includes the misconception that is build all over the social
context under which a different sexual orientation is considered as something less authentic
and non-religious. In order to control the further development that is associated with an
institution, the law provide religious institutions with a mixed opportunity to discard its
involvement in any form or segment (Saiz, 2004). These institutions must consider the
impacts which are caused over teachers as well as students when practices like this are taken
in to consideration. A variety of assessments are carried out in the initial years in order to
control this issue but a significant amount of religious dominating proved to be a major
hurdle in order to achieve success. A large section of the Australian population believes that
considerations made on the basis of religious preferences for educational institutions is not at
all convincing as education is the primary right of each and every citizen and in any case it
cannot be barred to achieve. In addition to this, the discriminatory law varies for different
states in Australia as each of tem have their own set of operational values (Mittelstaedt,
2008). In the Australian Capital Territory and New South Wales, law provides authority to
the private institutions for practicing discrimination on the basis of sexual orientation for both
the teachers as well as the students. The Tasmanian state law protects both teachers as well as
students from being discriminated on the basis of sexual orientation. In Western Australia,
Victoria and South Australia the situation is of major importance as these states practice
religious exemption from discriminatory laws but this is carried out with several terms and
conditions (Bernstein and Naples, 2015). In addition to this, the federal sex discrimination act
provides a separate operational facility for the religious schools as they are allowed to
practice discrimination on the basis of factors such as sex. A major issue that is depicted in all
the states of this country is that the federal laws never override the state laws and this
5

provides states with a little supremacy over some areas and that is where issues start to evolve
(Libertyvictoria.org.au, 2018).
KEY OUTCOMES OF RUDDOCK REPORT ON RELIGIOUS FREEDOM
Since, the final considerations and conclusions associated with this report are aimed to be
published in the current year but there are several leaks that provide a glimpse of the
considerations that are carried out by the panel. The report provided a major concern over
the disadvantages that are associated with this practice of discrimination and lack of
opportunities for some specific sections of the society. The panel considered it irrelevant to
include any further provision for religious discrimination on the basis of sexual orientation.
The considerations that are of major importance account for the effectiveness and
developmental possibilities for students and teachers. It provides major requirement of a no
discrimination system of education as well as employment (Endsjø, 2005). The panel
dismissed any further provisions which can be taken in to action in order to provide a relative
discriminatory system on the basis of colour, sex, race and disabilities. In addition to this, the
panel also recommend the cancellation or abolishment of the previously applicable
regulations that contribute to a discriminatory perspective in an educational institution. It also
recommended the involvement of an anti discrimination law or regulation that can be put in
to action in order to abolish the previously practiced irregularities over the name of religion
and culture. The panel also provided a set of lacking that are associated with both federal as
well as state laws and their respective applications. In various discussions and assumptions it
was derived that the considerations that are related to educational institutions are largely
associated with regional issues and considerations and thus the framing and practicing of
these interventions must be made over state perspectives (Rehman and Polymenopoulou,
2013). This perspective can be developed with a combined analysis of factors such as
population texture, availability of preferable structure based operations and understanding of
the people belonging to a specific section of the social arrangement. The report also provides
a detailed analysis of the fact that there are several considerations that can be included in the
organizations and their respective functions as it account for the majority of knowledge
development as well as social bookmarking (Sheill, 2006). The understanding and
associations in terms of sexual orientation and gender are some of the much needed
perspectives for research and discussion in order to frame an appropriate social scenario that
6

is largely based over equality and opportunities. This was a major analysis that was presented
by the report (Theguardian.com, 2018).
RECOMMENDATIONS AND CONCLUSION
A major conclusion that can be obtained from this report explains the large scale impacts that
are obtained due to inclusion of various discrimination policies and considerations. The
report provides a reflection of all major operational perspectives that contribute to the study
of religious inclusion in the operational framework of a educational institution. The report
provides a significant analysis of different states and their respective regulations. The area of
impact instigated in this system is largely associated with the fact that there are several
considerations which comply with the stability and consideration of a policy. The
discriminatory policies for different sections of Australia are largely distinct in nature and
thus provide a huge impact over the relative population. Sexual orientation of teachers and
students like availability of gay teachers or any LGBT student is the main basis of discussion.
The Victorian state of Australia is facing a huge difficulty in overcoming this issue as the
religious institutions are not at all supportive in order to facilitate a flawless system of
operation in educational perspective.
The report also provides a several set of recommendations that can be put in to action in order
to facilitate development. Firstly, the state as well as the federal authorities must settle over a
common perspective in order to deal with this issue of crisis. Secondly, framing laws that are
more development based rather than influenced by religious interventions. Thirdly, the
association of religious inclusion over educational institutions must be controlled by the
government as it affects the quality and reach of knowledge being delivered. Fourthly, the
federal government must abolish any national or state law that discriminates people on the
basis of factors such as race, colour, ethical standards, sexuality and socioeconomic
conditions.
7

REFERENCES:
Bernstein, M. and Naples, N.A., (2015). Altared States: Legal Structuring and Relationship
Recognition in the United States, Canada, and Australia. American Sociological
Review, 80(6), pp.1226-1249.
Calma, T. and Gershevitch, C., (2009), August. Freedom of Religion and Belief in a
Multicultural Democracy: an inherent contradiction or an achievable human right?. In Unity
in Diversity Conference, Townsville, Australia (pp. 12-14).
Endsjø, D.Ø., (2005). Lesbian, gay, bisexual, and transgender rights and the religious
relativism of Human Rights. Human Rights Review, 6(2), pp.102-110.
Galligan, B. and Morton, F.T., (2017). Australian exceptionalism: Rights protection without a
bill of rights. In Protecting Rights Without a Bill of Rights (pp. 27-50). Routledge.
House, F., (2014). Freedom in the world 2014: The annual survey of political rights and civil
liberties. Rowman & Littlefield.
Humanrightscommission.vic.gov.au (2018), Exceptions, Accessed on: 04 December 2018,
accessed from:https://www.humanrightscommission.vic.gov.au/discrimination/exceptions-
exemptions-and-special-measures/exceptions
Kitzinger, C. and Wilkinson, S., (2004). Social advocacy for equal marriage: The politics of
“rights” and the psychology of “mental health”. Analyses of Social Issues and Public
Policy, 4(1), pp.173-194.
libertyvictoria.org.au (2018), RELIGIOUS FREEDOM REVIEW, Accessed on: 04 December
2018, accessed from:https://libertyvictoria.org.au/content/religious-freedom-review
Mittelstaedt, E., (2008). Safeguarding the rights of sexual minorities: The incremental and
legal approaches to enforcing international human rights obligations. Chi. J. Int'l L., 9, p.353.
Rehman, J. and Polymenopoulou, E., (2013). Is Green a Part of the Rainbow: Sharia,
Homosexuality, and LGBT Rights in the Muslim World. Fordham Int'l LJ, 37, p.1.
Saiz, I., (2004). Bracketing sexuality: human rights and sexual orientation: a decade of
development and denial at the UN. Health and Human Rights, pp.48-80.
8

Sheill, K., (2006). Sexual rights are human Rights: But how can we convince the United
Nations?. IDS Bulletin, 37(5), pp.40-45.
Theguardian.com (2018), Ruddock religious freedom review, Accessed on: 04 December
2018, accessed from:https://www.theguardian.com/australia-news/ruddock-religious-
freedom-review
Theguardian.com (2018), Ruddock religious freedom review: what is it and what do we know
so far? Accessed on: 04 December 2018, accessed
from:https://www.theguardian.com/australia-news/2018/oct/11/ruddock-religious-freedom-
review-what-is-it-and-what-do-we-know-so-far
9