Victoria’s opposition leader, Matthew Guy, has committed the Coalition to amending the Equal Opportunity Act to give faith-based schools protection to hire staff who share their values and beliefs if it wins government in November.
Guy made the commitment on Monday during a meeting with the Islamic Council of Victoria (ICV).
“Mr Guy committed to amend the Equal Opportunity Act to ‘allow for the right of a faith-based organisation to employ a person that aligns with the religious organisation’s values,’” the ICV said in a statement after the meeting.
“Importantly, these changes will protect the ability of Islamic schools and other faith-based schools to uphold their religious ethos.”
Guy, who was joined by Liberal MPs Richard Riordan and Ryan Smith, also pledged $4.5m to the ICV to progress their city community hub project.
The opposition did not issue a media release on either commitment, although an authorised flyer has been distributed featuring Guy’s image in front of what appears to be a mosque.
Or put another way, Matthew Guy wants faith schools to be exempted from laws that apply to everyone else when they discriminate against LGTBIQ+ people. #springst pic.twitter.com/Wnv4IEvYW3
— Aaron Smith (@Aaronsmith333) October 18, 2022
“We will amend the Equal Opportunity Act allow for the right of a faith-based organisation to employ a person that aligns with the religious organisation’s values,” the flyer reads.
“Prior to amending the Act, a Liberals government will initiate a new consultation to ensure that the changes genuinely balance religious freedoms and individual rights.”
On Wednesday, Guy confirmed the commitment and said his position on the issue had been consistent for years.
“[The ICV] statement is nothing different to what we’ve said for the last three years: Catholic schools should hire Catholics, Jewish schools, people of Jewish faith, and the same with Islamic schools,” he said.
Changes to Victoria’s Equal Opportunity Act, which came into effect in June, largely prohibit religious schools from sacking staff or refusing to hire people based on protected attributes such as sexuality, gender identity or marital status.
Schools have an exemption to make employment decisions based on an employee’s religious beliefs where it is critical to the job, such as the hiring of a religious education teacher.
The changes came after reports teachers were sacked after coming out as LGBTQ+.
Equality Australia’s chief executive, Anna Brown, said she was disappointed that the Liberal leader was “resorting to the same divisive and misleading politics that led to the downfall of the Morrison government”.
“Last year’s landmark reforms to Victoria’s Equal Opportunity Act brought the state into line with 21st century community expectations, ensuring that students would not be robbed of skilled teachers and the staff who make schools inclusive and welcoming spaces,” Brown said.
Guy on Wednesday described Victoria’s laws as “discriminatory” to people of faith.
“The Labor party can discriminate against who they hire on a political basis but then they say to a Catholic school, you can’t hire only Catholics for your school,” he said. “How does that work? That’s discrimination.
“If you want to have an Islamic school and only hire teachers who are the Islamic faith, I think that’s right. That’s got nothing to do with someone’s gender or sexuality.”
Guy said faith-based teaching was not restricted to religious education classes.
He did not say how he would amend the equal opportunity act but denied existing teachers would be sacked if they identified as LGBTQ+.
However, Michael Bradley, managing partner of Marque Lawyers, said it would be “inevitable” LGBTQ+ teachers would be sacked under the Coalition’s proposed changes.
“There isn’t actually a way of reconciling these two supposed sets of rights. Sometimes the outward exercise of faith impacts on other people in a discriminatory way and it collides directly with other human rights, such as the right not to be discriminated against based on gender or sexuality,” Bradley told Guardian Australia.
“The only way you can reconcile it is to decide which one takes priority. The opposition’s come down on one side, that’s principle they want to pursue and they are going to have to defend it.”
Teal candidates Melissa Lowe and Sophie Torney, who are contesting the inner-city seats of Hawthorn and Kew respectively, both criticised the Coalition’s pledge to change the exisiting laws.
“Discrimination damages mental health and denies people the economic and social opportunities to fulfil their full potential,” Lowe said in a statement. “It forces good people to live in hiding – simply due to who they are, or who they love.”
She called on the Liberal candidate for Hawthorn, former shadow attorney-general John Pesutto, to publicly oppose it.
In a statement provided to Guardian Australia, Pesutto said: “What I’ve always believed in as a lawyer with years of experience practising in the area is that the rights of individuals from diverse backgrounds and the rights of people of faith can both be protected.”
He said it was a complex issue that should be “addressed with nuanced solutions and after mature, and respectful discussions”.
Torney, meanwhile, described the election commitment as “an unacceptable attack on the LGBTQIA+ community and a shameful attempt to win votes through damaging and divisive politics”.
In an interview with Guardian Australia last week, the minister for equality, Harriet Shing, expressed concern the LGBTQ+ community would become a “political football” in the lead up to the 26 November poll.
“We will see throwaway lines that further marginalise us, we will see public figures turn a blind eye to discrimination and vilification and we will see broad platitudes of support that aren’t matched by actions,” she said.
