The Australian Jewish News
December 2, 2021
As the latest draft of the federal government’s Religious Discrimination Bill is discussed in parliament and the media, Executive Council of Australian Jewry co-CEO Peter Wertheim said “it is appropriate that we are having this debate during Chanukah”.
“As much as the Jewish people admired many aspects of Hellenistic learning and civilisation, we totally rejected any attempt to forcibly assimilate our people into the then prevailing culture, and give up our beliefs and our identity,” he said.
“No faith community should be pressured into assimilating into today’s prevailing secular culture.
“It is particularly important for the religious organisations of minority faith communities to continue to be free to look after the religious and cultural needs of those communities.”
Commenting more specifically on the bill, Wertheim noted some of the “more contentious” aspects of the previous drafts have been removed, notably protections allowing employers to restrict religious speech outside the workplace – commonly referred to as “the Folau clause” – and the conscience protection for healthcare professionals.
“What is left is a conscientious attempt to balance prohibitions against religious discrimination with the freedom of religious organisations to operate according to their ethos,” he said. “No such balance will provide perfect justice for everybody. This bill tries to minimise the scope for injustice.”
Contrary to misconception, the bill does not speak to whether religious schools can exclude LGBTQI+ students – the Sex Discrimination Act already technically permits this – but under the legislation religious institutions would be allowed to have faith-influenced hiring policies, although these policies would need to be made public.
But Jewish organisations The AJN spoke to indicated they would not use the provision.
Moriah College principal Rabbi Yehoshua Smukler said the school seeks to employ high-calibre staff and “gender, identity, race and religion make no difference”.
“We aim to integrate Modern Orthodox Zionist Jewish values into our modern world and society, and we view the diversity of our educators and workforce as a huge benefit in achieving this goal,” he said.
“Diversity enriches the educational experience for our children.”
Emanuel School principal Andrew Watt said the school aspires to be “welcoming and inclusive … known for its genuine acceptance and understanding of diversity”.
“Emanuel School employs both Jewish and non-Jewish staff. We welcome staff and students into our school community, regardless of their sexual orientation or gender identity. Our enrolment and recruitment practices will remain unchanged,” he said.
Montefiore CEO Robert Orie said, “With more than 1000 employees, Montefiore is proud to employ a diverse workforce that spans many cultures, traditions and LGBTQI+ groups and our residents support and celebrate the diversity of our staff.”
Meanwhile, the state government said it is still committed to making amendments to the NSW Anti-Discrimination Act to prohibit discrimination on the grounds of religion, but will wait to do so once the federal legislation is passed.
“This will allow the government to closely consider the Commonwealth legislation to ensure that its interaction with NSW legislation can be fully understood and that constitutional inconsistency is avoided,” said Attorney-General Mark Speakman.
But NSW Jewish Board of Deputies CEO Darren Bark urged the government to act without further delay.
“The Parliamentary Joint Select Committee heard wide-ranging submissions from the community and produced a comprehensive and well-considered report,” he said.
“The Attorney-General has announced that religious discrimination will be outlawed in NSW, which is one of only two states in Australia that doesn’t have laws against religious discrimination.
“The NSW government has an opportunity to act now. We look forward to seeing these laws progressing through Parliament.”