WayOut defeats Brethren
A Victorian tribunal decision upholding a discrimination complaint against a Christian Brethren-run camp site could have implications across Australia.
Last week WayOut — a rural youth group for same-sex attracted young people — won a Victorian Civil and Administrative Tribunal (VCAT) discrimination case against Christian Youth Camps (CYC) after they were refused accommodation in 2007 on the basis of their sexuality.
Judge Felicity Hampel said the conduct of CYC in refusing the young people accommodation was “clearly based on their objection to homosexuality”.
“They are entitled to their personal and religious beliefs. They are not entitled to impose their beliefs on others in a manner that denies them the enjoyment of their right to equality and freedom from discrimination in respect of a fundamental aspect of their being,” Hampel said.
Federation of Community Legal Centres executive officer Hugh de Kretser said the decision could have national ramifications.
“Here we had a body that was engaging in what looked like secular activities, that was actually claiming the ability to discriminate by saying it was a body set up for religious purposes,” de Kretser told Southern Star Observer.
“This decision suggests the ability of those organisations to discriminate will be narrowed. It’s certainly not binding on other jurisdictions, but clearly … it would be influential, so we think it’s got nation-wide importance because there’s similar legislation in other states and territories.”
WayOut project coordinator Sue Hackney told SSO the group was “thrilled” by the win.
“We’re shocked and overwhelmed,” she said. “I do believe in people’s right to freedom of religious belief and thought, however that right is not absolute and limitless.
“There needs to be some recognition of the need to balance people’s rights.”
Hackney said the young people involved in the case had shown “great tenacity”.
“One of the most important outcomes of this is that it can show our community — and young people particularly — that by standing up for your rights you can make a difference,” she said.
Hackney wants the Brumby Government to review all religious exemptions that exist in state laws.
“I don’t believe there is equal protection and it’s still very concerning to me … that the Attorney-General earlier this year capitulated to the very powerful and well-resourced lobby groups of some extreme religious groups … to still allow religious bodies to discriminate,” she said.
“So now it’s not okay for a religious body to discriminate [against people on the basis] of their age or their race or any disability they may have, but our community is still out there left hanging and is vulnerable to what inevitably will be more persecution.”
WayOut was awarded $5000 compensation. CYC has 28 days to appeal the decision.
well done everyone involved.
When someone or a group seeks all the commercial benefits of a business then they have no place discriminating. This is about protecting society from the haters. Hospitals, schools, Nursing homes, hotels etc should not be allowed to discriminate against people simply due to there sexuality or race or disability or religious views. Religious freedom is nothing to do with being able to carry out acts of hate. It is your right to believe or not believe in what you want, but when that translates to hate and excluding people from services then that is just wrong and should be stopped.
Millions of Christians around the world do not support such discrimination. When the “101” Reverends marched in Mardi Gras made up of Baptist Ministers, Nuns, Catholic Priest, Uniting Church Ministers and Anglican Ministers these leaders wanted to show that the haters of humanity are few. Many religious leaders who could not come wrote letters on behalf of there congregations supporting the 101 Reverends.
Scientist have been able to replicate lesbian mice, and gay Fruit Flies, but they cannot come up with a pill to cure the haters of humanity.
Some will always hate other people. For reasons of race, sexuality, or even gender. For social class, for looks, or even occupation. Thankfully this a small minority. Could we imagine such haters having control of a nuclear bomb?
Wayout who works with the Uniting Church took the right approach and challenged this. I wish them all the best!