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The state's anti-discrimination laws are being put to the test at a tribunal hearing in Melbourne
this week. A support group for young gay people living in rural Victoria claims it was subject
to unlawful discrimination when it was refused access to a camp site run by Christian youth
camps. At the heart of the case is the right to religious freedom versus the right to be
free from discrimination.
What started out as a plan to hold a youth camp at a resort on Phillip Island has turned
into a three-year legal stoush over Victoria's anti-discrimination laws and it's come to
a head at the Victorian Civil and Administrative Tribunal this week.
We do feel a little bit as though these young people, because of their homosexuality, have
been targeted.
Myself and the young people were hurt, upset and angry.
This is Christian youth camps, CYC. Pretty clear what their purpose was, pretty clear
who they were, and one wonders why a group like Way Out would have attempted even to
inquire about a camp site in that situation.
The case centres on a complaint made by the Cobaw Community Health Service. It runs a
group called Way Out, which provides support to young gay people living in rural Victoria.
In early 2007, Way Out staff were planning a weekend getaway and personal development
forum.
When we were first approached with the idea, we were told that there was gonna be a safe
sex health talk, which was actually really exciting because that was one of the problems
that we had brought up with, like, our local group is that we had safe sex or sex ed.'
at school and it didn't seem like it could relate to us. Like, it was just - it was very
- yeah, it wasn't very inclusive.
Phillip Island Adventure Resort was chosen as the preferred destination.
And we thought it was a great idea. You know, a lot of us are from regional Victoria, so
a nice seachange was good. Fairy penguins are also a great attraction. And just a nice
place to get away from our everyday run-of-the-mill, you know, regional drought in Victoria. The
Phillip Island Adventure Resort seemed like a great place to go.
And also just really excited about meeting other same sex attracted young people, because
when you live in a rural area, like, you just feel really isolated.
Way Out project coordinator Sue Hackney rang to make the booking and spoke to the resort
manager Mark Rowe. By the end of that conversation, it was clear that the booking would not go
ahead, but exactly why is a matter that is now hotly contested. The resort is run by
Christian youth camps and owned by the Christian brethren. Way Out alleges it was refused access
to the camp site because its group members are gay.
We were notified by the brethren that because they were same sex attracted young people
and we were upfront about what the camp was about that that wouldn't be acceptable to
them.
Christian Youth Camps denies the allegation. In a statement, Phillip Island Adventure Resort
manager Mark Rowe says the camp site, "... did not take the Way Out group's booking because
the group itself is about the promotion of homosexuality," and that, "The practice and
promotion of homosexuality is in conflict with the group's understanding of the Bible."
Representatives from CYC declined to be interviewed, but Rob Ward from the Australian Christian
Lobby has been closely following the case.
The issue for CYC was not that there were homosexual people there. They've had camps
with homosexual people there. That's not an issue. But because this involved young people,
and as they understood it at the time, possibly young teenagers, and that this group advocates
the fact - or their view rather that homosexuality is a perfectly normal choice, something that
the Brethren Church does not believe, that was the grounds, as I understand it, for saying,
"Probably not what we're about. Please find another camp."
Religious groups are allowed to discriminate on grounds of sexuality under Victoria's Equal
Opportunity Act, as long as that discrimination is based on genuine religious beliefs. The
exemption was maintained under a recent review of the act, a decision Rob Ward says was crucial
to protecting the right to religious freedom.
Under the law as it stands, a religious group is allowed in a number of areas to discriminate
on the basis of a set of values. As I say, they change a little bit in about 12 months'
time, but for the moment at least, a group can say, "No, the practice that you're encouraging
is not something that we believe in, and therefore we would rather not provide that service or
rent our property to you for that purpose."
But Way Out argues the exemption doesn't apply, because Christian Youth Camps is a commercial
entity and it contends corporations can't hold religious beliefs.
I believe that Christian Brethren or not, they're a commercial business, and in the
marketplace a commercial business, I don't believe, should be able to come under that
banner of religious exemptions when they're offering a commercial business to the world.
The Government won't be drawn on its own interpretation of the law.
I think I'd prefer to wait and see what VCAT says. They're very technical questions and
they're very detailed and they're very case-specific, so that the case is before VCAT and we'll
look and see what VCAT decides.
Way Out is seeking what it describes as modest compensation, but says its main aim is to
have the law clarified.
We understand that it - we may not win this case, but the young people have remained over
a three-year period very dedicated to taking the case and to exploring the issue.
Both sides of the argument believe VCAT's decision will have wider implications.
Perhaps, you know, we can, you know, get a resolution or some kind of outcome that really
makes quite clear what discrimination is and what discrimination isn't, and that we can
have the opportunity to not feel like we have that discrimination anywhere we go.
ROB WARD: I think if you were to look at this as a principle, you would be looking at Christian
schools, Christian welfare organisations, a whole range of areas where the church - and
not just Christians, but also other religions, serve the community. If they are denied the
opportunity to maintain the values and ethos of those organisations, then why bother?
And that hearing is continuing.