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Christian schools and other faith-based institutions should be forced to hire staff that don’t share their beliefs, according to a report tabled by the Labor Government this week.

Christian school groups have roundly condemned recommendations put forward by the Australian Law Reform Commission (ALRC) to strip faith-based schools of the right to hire staff who share their beliefs.

Tabled by the Albanese Government on Thursday, the ALRC Final Report offers even fewer safeguards for religious institutions than the initial Consultation Report that was denounced by Christian leaders at its release in April last year.

The report represents “a direct attack on faith and freedom of belief in Australia,” according to Christian Schools Australia (CSA), Australian Association of Christian Schools (AACS) and Associated Christian Schools (ACS).

“Christian education as we know it will cease to exist,” the trio of Christian school groups warned in a media release following the report’s submission. They called on the Labor Government to “immediately reject” the ALRC’s recommendations.

Australian LGBT groups have urged the government to implement the ALRC’s recommendations immediately.

Rights Stripped From Christian Schools

If the government implements the aggressive changes, section 38 of the Sex Discrimination Act would be abolished completely, removing any right for faith-based schools to require staff to follow the “doctrines, tenets, beliefs or teachings of a particular religion or creed.”

Instead, Christian schools would be forced by law to privilege the “sex, sexual orientation, gender identity, marital or relationship status or pregnancy” of any staff member, current or prospective, over accountability to the teachings of Christ.

According to ALRC, the only protection needed by religious educational institutions is the ability “to build a community of faith by giving preference to the employment of staff of the same religion,” which could be provided via an amendment to the Fair Work Act and a future Religious Discrimination Act.

However, such a narrow provision would still, for instance, force Christian schools to hire staff who identify as both LGBT and Christian.

Meanwhile, religious discrimination reforms have proven elusive in Canberra.

The previous Coalition Government led by former Prime Minister Scott Morrison, a Pentecostal Christian, ultimately shelved its proposed Religious Discrimination Bill after years of stalling.

Returning serve in what has become a game of political hot potato, Prime Minister Anthony Albanese, a professing Catholic, told his Labor caucus earlier this week that he would not fulfil his election promise to reform religious discrimination laws without guaranteed Coalition support.

In reply, Liberal senator Simon Birmingham said the Coalition will not guarantee support without first seeing legislation.

‘A Line in the Sand Moment’

CSA Director of Public Policy Mark Spencer responded to ALRC’s Final Report by explaining that “Christian schools are communities of faith, where Christian teachers and staff engage with students from a faith perspective both inside and outside the classroom and are expected to be available for Christian devotion, prayer and support.”

He said that “a staff member who doesn’t share and support our beliefs cannot effectively teach our beliefs or support students according to our beliefs.”

“Hundreds of thousands of Australian parents choose to send their children to faith-based schools because they value this type of education,” he added.

“They enrol their children knowing that our teachers and staff are aligned with our beliefs and that students will be taught according to our beliefs.”

“If these recommendations are adopted, parents would lose this right.”

AACS Executive Officer Vanessa Cheng called the report “a line in the sand moment not just for Christian schools, but for all people of faith and for the principle of religious freedom across Australia.”

“Teachers and other employees who don’t share our faith or beliefs have the choice to work at many other educational options,” she said.

Ms Cheng explained that a Christian school’s staff code of conduct often includes biblical teachings around sexuality and marriage, which are inseparable from the broader tenets of Christianity.

“These core beliefs cannot be separated from our Christian faith and parents are choosing our schools for these values.”

Labor to Consider ALRC’s Recommendations

Attorney-General Mark Dreyfus, who tabled the report, has said Labor would “consider” its recommendations. He insisted that the controversial document was not produced by the government but rather constituted advice to the government.

The Albanese Government is looking for an “enduring solution” that would protect students, teachers and people of faith, he explained.

“The government will seek to enhance protections in anti-discrimination law in a way that brings Australians together.”

“No students or member of staff should be discriminated against because of who they are,” Mr Dreyfus said, adding, “At the same time, religious schools must continue to be able to build and maintain communities of faith.”

“The government recognises and respects the right of parents to send their kids to a religious school because of the beliefs and values they teach their children.”

According to The Australian, a number of Coalition MPs view the abolition of section 38 from the SDA as a “red line” that must be crossed, adding that one MP has cautioned that it would be “bedlam if that happened.”

Opposition legal affairs spokeswoman Michaelia Cash has called on Labor to address the concerns of faith groups regarding the ALRC report.

Why Should Faith-Based Schools Be Singled Out?

Criticising the Final Report, ACS Executive Director Alistair Macpherson explained, “International law and covenants, which Australia has ratified, recognise the importance of religious groups to be able to teach and practice their beliefs, and for parents to be able to choose schooling for children that aligns with their personal beliefs.”

“It is time for government to recognise and support this fundamental human right, rather than facilitating this continued victimisation of religious groups and individuals,” he said.

Mr Macpherson added that political and social organisations employ people who are aligned with their values and beliefs all the time, and questioned, “Why should faith-based organisations be singled out?”

“We are not asking anyone to share our faith or worldview, just to respect our faith and support the freedom of belief.”

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