ࡱ> %` ޅbjbj"x"x <@@}*6U6U6U6U6U6U6UJUR}R}R}8}L}DJU&~<~R~R~R~z||||||$h^6Uކކކ6U6UR~R~Hކ6UR~6UR~zކz@6U6UR~~ f -*R}<8z0(UdUpnU6U84lrJކކކކJUJUJUjDJUJUJUjJUJUJU6U6U6U6U6U6U Freedom of Religion and Belief in the 21st Century Organisation Name: NSW High School SRE Association, Inc., t/a GenR8 Ministries If this is a group submission, briefly describe the objectives and activities or affiliation of your organisation. GenR8 supports Scripture* boards and their teachers for ministry in New South Wales state secondary schools, and we support chaplains in both primary and secondary state schools under the National School Chaplaincy Program. (*Scripture is the popular term for Special Religious Education as provided for under the NSW Education Reform Act 1990.) Approximately how many members are in your organisation? Our board has 7 members representing Scripture Union NSW, Sydney Anglican Youthworks, Presbyterian Youth NSW and the Baptist Churches of NSW / ACT, as well as a local combined churches board representative. We have employment agreements with approximately 20 local combined churches Scripture boards and we expect significant growth in this number over the next few years. We offer general support and training to up to another 75 boards. We employ between 20 and 30 Scripture teachers on behalf of local boards, and offer general support and training to over 140 statewide through our schools advisers and training events. We also employ/sponsor 33 chaplains in 37 chaplaincies through the National School Chaplaincy Program, and offer support and training to other chaplains in NSW (there were 208 in NSW state schools on the latest figures we have seen.) Is your organisation affiliated with or associated with any religious or interfaith or civil or community organisations? GenR8 is a joint ministry of Scripture Union NSW, Sydney Anglican Youthworks, Presbyterian Youth NSW and the Baptist Churches of NSW / ACT. The local combined churches boards, Scripture teachers and chaplains we support represent a wide spectrum of Christian denominations and individual churches who seek to support the effectiveness and wellbeing of their local state schools and their commuinties through Scripture teaching and chaplaincy. Is your organisation an interfaith organisation? No, if by interfaith is meant inter-religious. It is interdenominational Christian. Have you participated in any interfaith service or activity during 2007/2008? If so, give details. No. But we point out that local Scripture boards in some schools interact with providers of Scripture/SRE from other faiths or other Christian denominations not involved in combined arrangements. Such interaction and cooperation is encouraged and helpful under the SRE (Scripture) provisions of the NSW Education Act (1990). Is there an interfaith body in your area, either locally or regionally? Please give the name and location. GenR8 is represented on the Inter-Church Council for Religious Education In Schools (ICCOREIS) which is the peak body for Christian churches to represent their concerns and monitor the administration of SRE in NSW state schools to the Education Minister and the Director General for Education in the NSW Education Department. These meetings enhance relations between members. From time to time ICCOREIS also discusses and reviews relations with other religious institutions involved in the delivery of SRE (Scripture) in NSW state schools, and is one vehicle for discussions between the churches and representatives of other faiths involved in SRE. We are in communication with a representative of the Jewish Board of Deputies. Did you participate in any of the group consultations held in all states and territories for this report? No. This next section outlines the seven areas that the report is exploring, and provides research questions to contextualise the topic and serve as a prompt. These areas and the questions are a guide only, and respondents should not feel limited by these. 1 Evaluation of 1998 HREOC Report on Article 18: Freedom of Religion and Belief This is to evaluate the impact of the report, and assess changes in the social climate between 1998 and the present. Article 18: Freedom of Religion and Belief surveyed Australian federal, state and territory legislation as it related to the practice and expression of religion, faith and spirituality. The major issues were religious expression, discrimination on the ground of religion or belief and incitement to religious hatred. The full report and an overview of major issues can be found at:  HYPERLINK "http://www.humanrights.gov.au/human_rights/religion/index.html" \l "Article" www.humanrights.gov.au/human_rights/religion/index.html#Article 1. What are areas of concern regarding the freedom to practice and express faith and beliefs, within your faith community and other such communities? One area is the impact of rights legislation that seeks to enforce favourable attitudes to groups with sexual practices that are proscribed in not only our authoritative Scriptures but in the teachings of other major religions, such as Islam and Orthodox Judaism. Homosexual activity as with heterosexual fornication and adultery are serious sins in Christian theology and Biblical teaching, and we are committed to teaching this, alongside teaching the value in Gods eyes of each person no matter how much of a sinner they are. Calling people to repentance for any kind of breaking of Gods law is basic to Christian faith and its practice. We doubt that the hatred expressed against the Christian faith by some in the homosexual and related lobbies is able to be remedied by any action of the HRC, but rather is likely to be further encouraged and exacerbated. It is an area of stark choice on our culture. We defend the right of those we clearly differ from in this area from being molested or physically maltreated, and will always seek to do so. But to be asked to collude in wrongdoing of such a kind as this that does so much damage to the people involved themselves as well as giving the worst kind of messages to young people trying to consolidate their sexual identity and form healthy relationships with proper sexual discipline is totally unacceptable to us. We are always ready to accept people as we find them in our areas of ministry, and offer support relevant to the different roles our employees perform. We seek to commend the Christian faith and its lifestyle to students whose parents request or agree to their instruction in the Christian faith in Scripture/SRE. There is increasing awkwardness in teaching Christian sexual ethics when schools have secular humanist policies that clearly conflict with this teaching. This is a potential area of awkwardness for any faith community with contrary values teaching its children through SRE. As students are growing up in a pluralistic society teaching them how to work through conflicting values and making informed and responsible choices within a Christian worldview is part of what our SRE teachers seek to achieve. The issue has not yet emerged to our knowledge in relation to our chaplains perhaps partly because they do not have a formal religious teaching function and are not to proselytize. A student or staff member from a Christian background who seeks Christian spiritual advice from a chaplain who happens to be a Christian themselves may well have the Christian teaching explained in doing that, and the clash of values may then become apparent. It is unlikely a chaplain would seek to highlight the difference of values off their own bat, but be focused on the particular relational or personal dilemma as the student or staff member presents it. The strength of our democratic and pluralistic society is in how well such differences are handled and explained. But we are concerned that those who feel they are in the values ascendant will (and do) seek to vilify and muzzle those who hold other values in this and other areas, and not appreciate the depth of conviction and reasoning underlying others beliefs and behaviours. The aggressive promotion of values and behaviours known to be offensive to Christians has become a very distasteful part of modern life in western countries generally, with the media and some government policies in some jurisdictions responsible for fostering a rapid escalation in the last thirty years. An example of how this impacts us is the difficulty local SRE providers experience at times in gaining the lawful access to students that is necessary for them to teach the faith of the parents to their children at school. This shows that some school principals and other executive teachers have become emboldened to believe they can disregard potential or active providers and act outside NSW Education guidelines with impunity. The readiness of departmental officials to see that their employees respect the providers, parents and students through observing the act and the guidelines has not always been evident, and some express great reluctance to raise the issue with such principals. 2. Is there adequate protection against discrimination based on religion or belief, and protection of ability to discriminate in particular contexts? The right to appropriately discriminate in favour of the beliefs, lifestyle and practices of faith communities for their faith based activities and enterprises that at present exists in NSW Anti-Discrimination legislation is threatened by The NSW Greens, the homosexual lobby, and other political parties/pressure groups/ commissions. We note that the right to discriminate in favour of political belief and conviction is upheld by this legislation for political parties. 3. How are federal and state and territory governments managing incitement to religious hatred, and the question of control and responsibility? Victoria has managed this area poorly. The high profile cases that have resulted from the Victorian religious vilification legislation have caused extensive concern around the world amongst religious freedom and freedom of speech advocates. That the legislation measures offence by a persons or groups subjective sense of offence and not by a sufficiently objective standard of measurable injury is immediately improperly advantageous to individuals or groups of religious practitioners that cultivate a sense of being offended against, compared with those faith systems that encourage the opposite behaviour in their practitioners, that is, not to indulge a spirit of offendedness. The sense of restriction and fear engendered by this legislation has proven it to be a seriously retrograde step for religious freedom and freedom of speech in Australia. The NSW and other parliaments have been right to reject such legislation out of hand. Any legislation of the type that is still in place in Victoria is hugely retrograde in the fostering and protection of religious freedom and should be opposed at all levels of government in Australia. The freedom to argue and debate the competing truth claims of different religious systems is intrinsic to a healthy liberal democracy, and in fact the impact of religious debate and conflict in the past in the UK and other parts of Western Europe and North America have been crucial in helping develop the concept and practice of religious freedom. Any group opposing such freedom no matter how offended they feel that others should question their beliefs is a threat to our liberal democracy. Admittedly Christianity has been taking it on the chin for the last three hundred years in Western culture from the time of the Enlightenment, and has become pretty thick-skinned as a result, while some more recent arrivals in Australia are foreigners to that history and development. Part of the responsibility of becoming members of this nation is to take the pains to discover the story that has produced it and to learn to understand the ground rules of the culture, even though this may produce some discomfort. Learning how to engage the debate rather than trying to stifle debate is more appropriate in our common culture. Subjective offendedness is insufficient on its own to measure real injury. 2 Religion and the State the Constitution, roles and responsibilities This is about assessing existing legislative protection of freedom of religion and belief, and its practice and expression in Australia, as expressed in the Constitution. Within this, what are the roles and responsibilities of spiritual and civil societies and do these need to be codified in law? Section 116 of the Commonwealth of Australian Constitution Act states that: The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. 2.1 The Constitution 1. Is this section of the Constitution an adequate protection of freedom of religion and belief? Yes. 2. How should the Australian Government protect freedom of religion and belief? Respect the Constitution. It may be that this enquiry itself is unconstitutional in the tendency of some of its questions and the presuppositions behind some of its wordings, given it is a government body. 3. When considering the separation of religion and state, are there any issues that presently concern you? Yes. The tendency of some legislators, law reform commissioners, and commentators to import the terms of the USAs constitutional and legal arrangements into our very different history and practice in this area is one. The very shift in terminology in this commissions own usage from separation of church and state which is the classic historical form of the concept to the use of separation of religion and state is evidence of this. NSW in particular has a far healthier approach than the very artificial direction the Americans have taken. The NSW approach is seen in all the Education Acts since 1880 where secular education while non-denominational, is not non-religious, (Education Reform Act 1990 Sections 30, 32 & 33) affirming the proper place for peoples religious beliefs to have appropriate expression in state schools through the teaching of general Religious Education to give students a good working knowledge of the main religions in their community and nation, if not the world, and through the provision of Special Religious Education where specific denominational teaching is provided by the clergy or their representatives of the parents particular faith or denomination. Any policy or legislation that implies that a persons religion is somehow just a private matter and not at the very core and motivation of peoples whole lives and public behaviour is unrealistic, presumptuous and patronising. Not least to aboriginal Australians, Christians, Muslims, Orthodox Jews, and indeed members of any seriously coherent religious belief system. We believe that the model of schools ministry we are following and fostering is strategically important in the development of better knowledge of peoples different religious convictions and backgrounds. We encourage the teaching of General Religious Education by NSW state schools, a position not fully endorsed in all Departmental schools. We believe this lack of endorsement contributes to NSW students having a very low understanding and appreciation of the content and character of the major religions and philosophies in our communities. Consequently we encourage our members and affiliates to include comparative religious studies as part of their Christian Special Religious Education curriculum. We also strongly endorse the very democratic possibilities of the arrangements for SRE in NSW, in that any religious denomination or body that is registered with the NSW Department of Education may be invited by the parents of students in a school who ascribe to that religion or denomination to teach their children that faith up to an hour a week on average over the course of a year. We know of local Christian SRE providers who have helped non-Christian groups find out how to service their adherents. This is good for religious toleration and respect, and for both inclusion and democratic freedoms to be better developed in our school communities. We also employ a school chaplain who has made a point of helping refugee families see that they have freedom of religion in this new country, and they dont need to fret about others knowing what they believe. She has done a great deal to introduce these families into community life through her role as chaplain in her inner-west Sydney school. She organized a meeting for parents from a wide range of backgrounds to talk about their different faiths in an accepting and safe way. 4. Do religious or faith-based groups have undue influence over government and/or does the government have undue influence over religious or faith based groups? In a democracy everybody is able to seek to exert influence over government. Thats what democracy is. We dont see why religious or faith-based groups should be singled out from all sorts of other descriptors of groups that seek to exert influence in our democratic society. The constitution clearly limits the way in which that influence may be exerted by barring governments from preferencing one particular denomination as the official church of the state. It is a simple limitation that has served us well and should continue to do so. 5. Would a legislated national Charter of Rights add to these freedoms of religion and belief? We believe that the existence of such charters in other countries does not give good evidence that such instruments work well, and in fact there is good evidence that sometimes such charters by being too specific serve both to remove existing rights under common (precedent) law, and to shift authority/power away from the legislature to judges who would have the task of making rulings flowing from such a charter. Sufficient protection already exists at law also for the kinds of concerns that some want to express through religious vilification laws. A charter of rights would fundamentally change our constitutional practice and assumptions, which many believe is unnecessary and fraught with dangers to our democratic freedoms. The American Bill of Rights doesnt appear to have served that nation particularly well in preventing the denial of rights to all sorts of groups within it and beyond. E.g. African Americans for the first 80 years of its existence; and American Indians. 2.2 Roles and responsibilities 6. a) What are the roles, rights and responsibilities of religious, spiritual and civil society (including secular) organisations in implementing the commitment to freedom of religion and belief? Not all religions have the same level commitment to those outside their faith community. Some favour co-religionists in a way that may be construed as unjust to others e.g. in some countries where a particular religion is dominant that religion may teach that the testimony of an adherent of that religion is worth more than a non-adherent. When these beliefs are taught in the religions primary texts, adherents in Australia here are obliged by faith and conscience to teach and practice this also. The Christian teaching to love ones neighbour as oneself is universal (unlike some Orthodox Jews who interpret neighbour from the identical text (Leviticus 19.18) as being a fellow Jew only; Jesus applies it beyond the immediate faith community in his Parable of the Good Samaritan.) It is a fundamental value that has greatly influenced the development of Australian culture. It is unreasonable to expect that every religion will share the Christian view of others in general, though many do. The implication of this question is that everyone should agree to a value called freedom of religion and belief and be expected to enforce it, as though religion were a commodity to be used by government instrumentalities to effect government policy. And here we face the possible unconstitutionality of this very exercise. Religious freedom is always a big risk for any polity, and while the Christian and Jewish religions have contributed substantially to the development of Western democracy, other religions may not fit comfortably into that dynamic. In order to have genuine religious freedom it is best that sanctions for anti-social and disruptive behaviour that threaten the wellbeing and security of others not be couched in religious terms, but in terms of specific measurable injuries and damage. The concept of religious vilification as a legal term is not workable or ultimately helpful. b) How should this be managed? Through the upholding of the constitution, and the application of existing law against deliberate injury and damage to persons and property. 6. How can these organisations model a cooperative approach in responding to issues of freedom of religion and belief? Those that believe in it will do it. Those that dont wont. Its not the governments job to tell people to do this. At the end of the day democracies are driven by personal and group convictions, not by government policies and instrumentalities. The law is generally a very blunt instrument. 8. How well established and comprehensive is the commitment to interfaith understanding and inclusion in Australia at present and where should it go from here? Freedom of religion means no one should be required to be committed to these things. By promoting them the government is in danger of acting against section 116 of the constitution. To be effective genuine understanding of others and healthy social inclusion that respects the heritage of the common public culture of Australia should be voluntary and this arises out of a faith groups specific beliefs and practices, well and good. It is presumptuous to seek to enforce such a commitment on those who have no conviction for or heart for it. Let a religion or belief be judged by others according to its fruit. 3 Religion and the State - practice and expression The emergence of a multifaith Australia has brought issues regarding religious expression to the fore in debates, politically and culturally. This area is about balancing the expectations of faith-based organisations with civil society organisations. 1. What are some consequences of the emergence of faith-based services as major government service delivery agencies? As a sponsor of NSCP chaplains which is a federal government funded service, the very notion of such a service is derived from a long tradition of Christian service in various kinds of institutions to bring succour and support to people in various conditions of life and need. The motivation has generally been love of neighbour without distinction. In the case of schools chaplaincy, the role is clearly defined in such a way to make sure chaplains provide services relevant to the background of each person they deal with, with insight and compassion. The great value of using faith based institutions to deliver the service is the repository of experience and knowledge they have, and their access to highly committed and motivated personnel who have confidence in the ethos of the institution delivering the service. It is no surprise that the great majority of those working as chaplains under the NSCP are from the Christian community, both because of the historical precedents of chaplaincy (after all, a chaplain originally was a priest attached to a chapel which was part of some sort of institution like a college or school or hospital) and also because the largest religion in Australia by far is Christianity. Because of the historical relationship of the major denominations with the development of the nation there is a high level of felt responsibility in the Christian community for the well-being and development of local communities as well for the nation as a whole, and services like chaplaincy give expression to that. Contrary to some perceptions held in the wider community about chaplaincy, it is not a vehicle for evangelism or proselytism, and as a sponsor we are at pains to ensure the NSCP guidelines and role description for chaplains are upheld in relation to this issue. We are very committed to training our chaplains in being alert to and skilled at supporting students and staff who seek their services who come from different backgrounds from themselves. We believe that the NSCP is a very positive strategy in developing increasing social inclusion both in our schools and in the wider community. The evidence of the example given in 2.3 above illustrates this. It also important that it is possible for other faith groups to have the opportunity to offer such services. While most chaplains from other faiths are working in independent faith-based schools, it is possible for chaplains of other faiths to work in a state school if that school community seeks their services. They would still be required to be available in a general way to any and every student and staff member, irrespective of their background. 2. How should government accommodate the needs of faith groups in addressing issues such as religion and education, faith schools, the building of places of worship, religious holy days, religious symbols and religious dress practices? It is reasonable that the major Christian holy days continue to be public holidays as most Australians have a nominal adherence to Christian traditions. It is reasonable that the reasons for these holy days be explained as part of the general religious education curriculum, and where the majority of students come from a Christian cultural background or their families are happy to go along with it, appropriate observance of the major Christian festivals of Christmas and Easter be permitted, while making provision for the withdrawal of students from those families that are not willing to do so for conscientious religious reasons. This is the case in the NSW Education Reform Act 1990, section 26, and in sections 8.1,2 of the NSW DET document Implementation of Religious Education Policy, 2007. In a school context it is reasonable to expect that students will seek permission and be granted it to attend events for the holy days of their familys faith community when they fall on school days. 7 Religion, cultural expression and human rights In a country as multicultural as Australia, freedoms of cultural expression, religious expression and human rights need ongoing exploration. This section is about gaining a deeper understanding of how effective Australias current human rights framework is, and if tensions between human rights, religious expression and cultural expression are of concern. 6 How is diverse sexuality perceived within faith communities? In many different ways. With respect to our own we teach and practice what the Bible teaches on this matter (the Old Testament always explained through the lens of the New Testament.) See the comments under section 1.1 above. 7 How can faith communities be inclusive of people of diverse sexualities? This all depends on the implications of the beliefs of a faith community for sexual ethics and practice. The sexual disposition of people is essentially a matter of moral indifference in evangelical Christian thinking. The focus is not on disposition, or even genetic characteristics that are outside the norm, but on encouraging behaviour in conformity with our understanding of God's will. There is nothing morally wrong about a person having a homosexual disposition. But just as it is morally wrong in our view for a heterosexual person to engage in fornication or adultery, so we take the same view of homosexual acts. We teach and seek to practice celibacy outside of marriage. We do not and never will recognize a concept of same sex marriage which is repugnant to the word and will of God. In terms of ministry to people in general the Christian communities we are affiliated with generally reach out to people of any kind of background from the standpoint of offering them the good news of Jesus Christ and the grace, love and ultimate acceptance and peace he promises on the basis of the revealed will and purposes of God in the Bible. At one level we accept people where they are in terms of loving them as ourselves, but we also seek to teach the message of Jesus Christ as explanation of our motivation. Spending time with people trapped in what we regard as destructive lifestyles is often an expression of that love we are commanded to have. It is possible to both take a person seriously enough to accept where they are in their condition, as well as to point them to the resources for personal transformation available in Jesus Christ that we have experienced ourselves. We dont write people off, and nor do we deny our identity and calling in Jesus Christ to become more like him in his purity, love and righteousness. When it comes to the leadership of our faith communities, and this is seen with the conditions of employment for our employees, conformity to biblical sexual ethics is mandatory. Otherwise we would cease to be faithful to Jesus Christs claim on our lives and unable to further the mission of our organisation. 8 Should religious organisations (including religious schools, hospitals and other service delivery agencies) exclude people from employment because of their sexuality or their sex and gender identity? Yes, when their sexual practices and lifestyle contravene the teachings of the faith that are expected to be practiced by its adherents, and the employment is related to those activities that sustain the organisations mission, purpose and ethos. There may be areas of employment in some religious organisations that are not as belief-critical as others, and the distinction needs to be be made clear at the point of recruitment and appointment for both employment that is belief-critical and that which is not. The observance of this principle is consistent with the present NSW Anti-discrimination Act. 9 Do you consider environmental concern to be an influence shaping spiritualities and value systems? Yes. Many Christian churches, organisations and bodies are focusing increasingly on those theological traditions and texts that deal with care for the earth, such as the stewardship of creation commanded by God in Genesis 2, in response to increasing concern for the state of the environment. GenR8 Ministries has as two of its values stated on its website: We respect creation and the whole environment entrusted to humanity as Gods stewards We are realistic about the limitations of the created world under the curse of sin and moral rebellion, yet confident of its redemption in the New Creation through Jesus Christ 8 Additional areas of concern or interest What additional issues do you think are relevant to and affect freedom of religion and belief in Australia? Do you have additional thoughts or comments? A comment on rights language: We take the view that ultimately rights do not derive from governments. The assumption that rights come from governments or from ourselves is a form of blasphemy and idolatry (worship of the state/ giving Gods role to the state/making human beings the measure of all things) in our view. We believe we have them by virtue of our creation by a loving Creator (whatever view we might have of the mechanisms and time with which he created us), and these rights as well as their related responsibilities and obligations are to be found in the Bible as Gods revelation. Our focus is more on responsibility to live for and serve others following the example of Jesus Christ. The focus on our own rights first is contrary to Christian principles and teaching. We believe we have a greater responsibility to work for the God-sanctioned rights of others than our own. There is an expression of trust in God in this that he will preserve and deliver his people, that Jesus himself modeled.      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