The right of religions to discriminate

Labor's new Human Rights and Anti-Discrimination Bill, which is currently in front of a Senate inquiry, is causing a stir within some circles. I say a few, because it's not really front page stuff. Religions have discriminated against particular groups for centuries, and even the most progressive churches still discriminate. (You can't be an Anglican bishop without first being Anglican!). Though what has become an issue, is whether the government is justified in securing the right of religious organisations to discriminate when it comes to services they provide, like hospitals and schools.

It is well known that most religions organisations don't recognise, respect or tollerate certain practices; from homosexuality to unmarried couples. Often these groups that are marginalised become (or already are) secular or atheist because of this. Though there are some who wish to identify with a particular religion, despite not being fully accepted by their chosen religious organisation. There are many reasons as to why this occurs, yet the main rational is because they personally get a tangible benefit from identifying with that faith. Be it a good feeling that they will have an eternal life, or the comfort of being accepted within a particular community. Religion brings a benefit to people who subscribe to it.

But that benefit is severely diminished when the value that is placed upon particular practices and beleifs, is erroded by the state or others. The Australian constitution protects freedom of religion. That allows individuals to freely associate with religions of their choice and not be discriminated against because of that, but it also allows religious organisations to operate independently from the rules of a secular state. Most often this is held to mean they don't pay tax. But it is much more. Religious organisations don't have to subscribe to a particular organisational structure like a public company does. Nor are they required to change their belief from creationism to evolution because the state doesn't believe in it. This freedom enables religious organisations to run themselves in the way they and their members see fit, not the public or secular government. Just because the state believes discrimination is abhorrent, does not mean it can impose that value on a religion.

People of similar faith congregate around each other for a 'shared' experience. They get meaning and benefit from existing in such a close and similar community. Religions that discriminate, actively choose to do so because that is (typically) what the majority of the congregation want. If the majority of members of the Catholic church accepted the notion of abortion, they would not excommunicate members who receive one. While not completely approving of it, most of the Catholic church has stopped excommunicating members who get divorced. (It was a bad retention strategy.) Some Anglican churches have 'gay only' services that particularly target gay Christians. Why? Because that is what the Church as a whole wants. Religion morphs over time and some faiths modernise, others don't. What's most important is that the ones that don't still bring value to the people who believe in such orthodox faiths. The 'purity' of their religion comes not from just being able to exclude those who are divorced, gay, or had an abortion, but those from other faiths, those who don't truly follow their practices. And this is why for religion, discrimination is is a tool that enables practice.

As a free citizen, you have no right to access a religion. You may choose your faith, but you have no right to demand access to your faiths organisation. As a Christian, you can't walk into a Synagog and demand a Rabbi give you a traditional Islamic wedding ceremony. They wouldn't allow it on religious grounds. It would be against teachings, current orthodoxy or because its members find it disrespectful and 'immoral'. It doesn't matter if this was something of your choosing or not, because the rest of the church's religious practice is harmed. If you disagree with their religious view, change the church you attend, change that organisation and it's members viewpoint, or start your own religion (hello Church of England). It is completely within the rights of a religious organisation to discriminate against certain people, so they can actually provide the religious benefits that its members want. The government shouldn't shy away from defending this right to discriminate. Otherwise churches, religious ceremonies and certain practices just become "acts for hire" by members of the public who want to gawk at people in funny costumes.

When it comes to a religion discriminating against an individual for a "public services" they want, it becomes a trickier issue. A religious organisation which receives public funds to run a service, such as a school or hospital, should not be able to discriminate on who they hire or who they let in the front door. Government funds come from an assumed secular source, the taxpayer. The funds are not there to help provide better services to one religion, but to any citizen who may wish to access those services. Funds that are raised privately by churches are for the sole purpose of assisting those they wish to assist, mainly those who are interested in their faith. It is perfectly acceptable for a privately run religious school to deny homosexual teachers from working there, as it is to bar non religious students from going to that school.

It sounds horrible if you are in that minority. And most people are, as you can't be part of every faith. Yet those with such strong strong beliefs who want to bar and discriminate so as to guard their faith and its practices, need to be protected. For some this is done by not having a gay priest. For others it's not having a sinner in the pews. Those who wish to access a special religious social service, like a Catholic hospital or Islamic school, do it for a religious reason. They want their child to be taught a certain way, they want a particular kind of care, or only want to be surrounded by certain people. If that's their wish, they or their church can pay and provide for that particular religious service. They pay for a service that comes with a complimentary sermon. As for everyone else who is considered a minority, there are many local secular government services provided, from hospitals to community housing. So let those with a strong faith live and receive their services as they wish.


Links: 
Gillard's bizarre act of faith leaves vulnerable unprotected - National Times
Anti-gay rights to stay - Sydney Morning Herald
Human Rights and Anti-Discrimination Bill 2012: Explanatory Notes - Attorney Generals Department