How intolerant should religious schools be allowed to be?

A Christian school in Melbourne’s west recently refused to offer a training placement to a Muslim student teacher (The Age 25/3/09). The refusal was clearly based on the religious difference between the student teacher and the school. The Principal was quoted as saying that accepting the student teacher “would have been confusing for the kids. It’s not that we have anything against her or her beliefs; we just felt it was an inappropriate placement.”

The school was most likely within its legal rights in excluding a student teacher who does not share its faith. The Victorian Equal Opportunity Act 1995 gives religious schools plenty of leeway in excluding people who are not of the same religious belief.

However, this legal exemption for religious schools raises fundamental issues about how to achieve the right balance between religious freedom and responsible educational practices. There can be little doubt that a church or other religious group should be free to exclude from its buildings and from its various activities those people who do not belong to that church or organisation. This is an integral part of what freedom of religion requires. It might be nice if all religious groups were inclusive; it might even be very Christian. But a certain level of intolerance of other beliefs is a part of what religious freedom allows. This permissible intolerance also reflects an even broader principle that any private person or group should be free to exclude from their private premises whomever they wish to exclude.

The problem is that when a church or a religious group starts running a school there is much more at stake. This is because we are no longer dealing just with religious freedom but also with responsible education. Here the scope of religious freedom needs to be limited by the values that the community more broadly wants to see pursued in schools. No one would seriously suggest that a religious school could do anything it likes under the shield of religious freedom, as if it had no further responsibilities as a school.

What are those further responsibilities that come with being a school? One place to turn for guidance is the United Nations’ Convention on the Rights of the Child, which Australia signed in 1990. Article 29 provides, in part, that the countries which are parties to the Convention agree that a child’s education shall be directed, among other things, to “the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin”.

Pursuit of this highly laudable goal is particularly important in a country like Australia where diversity is part of what we are and have long been. In Victoria, the educational goal of religious tolerance is reflected in the Education and Training Reform Regulations 2007, which require that schools “support and promote the principles and practice of Australian democracy, including a commitment to … freedom of religion … [and] the values of openness and tolerance”.

Children will, of course, most often learn their values from the examples they see around them, especially the examples set by those in authority. It cannot be helpful, then, for children in any school (religious or secular) to see intolerance and discrimination being practised in front of them or to have any religious difference hidden from them at school.

If the religious intolerance practised at a religious school gets bad enough, then it may well be that the school has failed to fulfil its legal obligations under the Regulations. If so, then it may rightly lose its official registration as a school.

I am not suggesting that the particular Christian school referred to earlier is anywhere near the level of intolerance that would merit this response. But there must be a limit to how far any school (whether religious or not) may practice religious intolerance, after which the general community would say that it should in fact cease to be regarded as a school.

For example, it would be beyond the pale for a Christian school to conduct “comparative religion” classes in which students were regularly instructed that faiths other than Christianity are to be despised as evil, or that adherents of other faiths — and indeed faithless atheists — are doing the work of the Devil and must be shunned. This would be unacceptable in a school even if such doctrines were an integral part of the beliefs of the church that ran the school. Moreover, the fact that espousing such doctrines in religious services away from the school should rightly be protected, under the shield of religious freedom, does not make it acceptable to teach them in the school as part of the school’s educational program.

To teach such views should bring seriously into question whether such an institution should be registered as a school, if that is to mean a place of education and learning.

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  1. Rebekka says:

    I don't see why this sort of discrimination is okay because it's based on religious beliefs.

    If I don't employ a Muslim woman because I'm suspicious of people from other cultures, that's discrimination. But if I don't employ a Muslim woman because a super-powerful old man in the sky told me not to, then that's okay?

    Discrimination = discrimination, and having wacky beliefs about Jewish zombies (or any other strange relgion you care to name) shouldn't mean you're suddenly given a free pass to be suspicious of other cultures or beliefs.

    In my opinion, hating someone and justifying it because of god is no better than hating someone and justifying it because of any other irrational belief. It's all in the same basket and the exemption from the Act for religious schools should be removed.

  2. Steven Tudor says:

    Thanks for your interesting comments, Rebekka.

    As to the issue of exemptions from anti-discrimination laws being granted to religious schools, I guess it comes down to how we settle the conflict between the right to freedom of religion and the right to freedom from discrimination.

    Rights will often conflict and it is not always obvious which right should take precedence over the other in such situations. Or, at least, getting agreement on what is obvious is not always easy. Usually, in practice, the result is a little bit of compromise on both sides, rather than one side winning hands down.

    We can see this in the laws concerning religious schools: they are allowed to be discriminating in selecting their staff, but they are effectively legally obliged to promote religious tolerance in their teaching.

    To say that any form of discrimination is wrong and should not be tolerated sounds like a clear principle. But it really only succeeds by denying that there is a genuine conflict between rights, and by assuming that rights can be clearly hierarchised.

    If we made it a rule that only people with "reasonable" (or true, or rational, or fair-minded) religious beliefs will be granted religious freedom, then we will have seriously eroded religious freedom -- and, of course, opened the door to interminable debates. And no doubt many religious people would claim that they are being discriminated against if they cannot practice their religion as they wish. So simply saying that discrimination wins doesn't ultimately settle the issue.

    But feel free to disagree!

  3. Keith says:

    This week's edition of The Economist has an interesting article on the related issue of religious defamation (and the recent UN Human Rights Council's hearing on the matter). At its essence, the concern is around protecting individuals or protecting religions, which are often mutually exsclusive.

    Read the full article at:

    http://www.economist.com/opinion/displaystory.cfm?story_id=13413974

  4. Rebekka says:

    Steven, I certainly think religious freedom is also a right worth preserving. But I do not think it extends to situations where the religious organisation is undertaking activities that fall outside the sphere of purely religious activities.

    I don't think, for example, that a church/mosque/temple/synagogue should be forced to accept as members people who do not share its beliefs. Nor do I think that people should in any way be stopped from carrying out the rituals and customs of their religion (as far as they are lawful), no matter how irrational or strange those beliefs seem to me.

    But when it comes to educating children, that is an area that combines the secular and the religious. That is, it is important that children learn to read, and write, and do maths, science, history, geography and whatever else is part of the curriculum these days. If you are religious, you probably also think that it is important that your child learns about (or is indoctrinated in) the religion you choose to follow.

    But overwhelmingly, in terms of hours spent and in terms of overall intent, a school has a secular purpose even if it is a religious school. And although I would not argue that they should be forced to stop teaching their religion, I would argue that as an institution not purely religious, but in fact with an overall secular purpose, and as an employer in that context, they should not be exempt from laws against discrimination.

    I think they could make a very good point that a religious education teacher for their school would have to be of their faith in order to do the job they want to employ them to do, but to argue that a maths teacher, or a science teacher, or a history teacher has to hold a certain set of beliefs? They shouldn't be allowed to get away with this any more than any other employer should be.

    Religious freedom should start and end in areas that are completely within the purview of religion.


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