Sydney’s Catholic Archbishop Anthony Fisher says equality advocates have launched “lawfare” on Australia’s churches by giving free legal representation to people who believe they have been forced unfairly out of their jobs.

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Appearing on the Sky News program The Bolt Report Archbishop said the case of Victorian Christian teacher Rachel Colvin was an example of how court cases would take valuable funds away from teaching children.

Equality Australia is supporting a discrimination complaint made to the Victorian Civil and Administrative Appeals Tribunal by Colvin, a committed Christian and teacher formerly employed by Ballarat Christian College until February 2019.

This case was filed on Monday and was brought under Victoria’s Equal Opportunity Act 2010. The Act contains protections from discrimination on the basis of religion and political belief, but also broad religious exceptions.

Colvin, who had an unblemished teaching record with the College since 2008, alleges that she was counselled and then forced to resign when she refused to agree to and abide by an amended statement of faith, contrary to her own political and religious beliefs, that ‘… a marriage can only be between a male and a female …’

She alleges discrimination by the non-denominational Christian College on the basis of her political and religious beliefs, which include as a Christian who believes that same sex marriage has the same potential as heterosexual marriage to be a reflection of God’s love when it reflects the life-giving, self-sacrificing love of Jesus.

The married mother of three, who grew up in an Evangelical household, alleges that from around August 2018, and in the shadow of the national marriage postal survey, the College informed her that she would no longer be offered certain teaching and professional development opportunities at the school, forcing her to resign in February 2019.

Colvin says that despite offering to remain silent about her beliefs with her students, she was still forced out of her position. She is being represented pro-bono by law firm Clayton Utz.

Archbishop Fisher said the case brought against Tasmanian Catholic Archbishop Julian Porteous was the start of a wave of “lawfare” against churches.

“Everyone knows about the Julian Porteous case, when the Archbishop of Hobart was taken to a tribunal for simply teaching what the Catholic church teaches about marriage. We’re hearing of more and more cases of people being threatened with litigation or tribunal processes beginning.”

While Archbishop Fisher described the circumstances of the Porteous case as an attempt to stop him spreading Christian beliefs, equality advocates have regularly noted that the case centred actually around statements made by the Archbishop which suggested that the children raised in same-sex relationship were not as healthy as those raised in married hetereosexual relationships.

Archbishop Fisher said the recently revelation that the Christian teacher was taking action against her former employee Ballarat Christian College was one of many examples of people threatening or taking legal action against the church.

“This is a kind of lawfare against the churches and church schools and institutions, saying ‘if you don’t tow the secular line, if you try to be different in any way, you’re going to be punished by being taken through the courts.” Archbishop Fisher said.

The religious leader said Ballarat Christian College would be required to spend $250,000 for just it’s initial defence of the claim, and the costs might rise to up to more than half-a-million dollars if the case proceeds.

“The complainant on the other hand is getting it pro-bono, it’s not costing her a penny, and she’s being backed by one of these activist groups. It really is a case of where the accused organisation, or in this case a school, is being bled dry.

“That’s money that should be spent in the class room on the education of our kids, but instead is going to be wasted on having to defend ourselves against this kind of attack.” Archbishop Fisher said.

The Catholic leader questioned why the case was being brought forward just as the consultation process around the government’s religious discrimination bill was occurring.

“You have to think there’s a campaign going on here, that these activist groups are actually out there looking for test cases, looking for people they can use for their bigger campaign.” the Archbishop said.

Archbishop Fisher said the complainant, should find a school to teach at that is in favour of sharing multiple views on marriage rather than trying to work in a religious school.

“If parent’s entrust their children to a Christian school they expect the Christian positions on marriage to be taught, if its a Muslim school – the Muslim position to be taught. If it was a state school perhaps several positions would be taught.”

Archbishop Fisher said parents expected their children not to be taught by “phonies” but people who followed the school’s line, suggesting that teachers who disagreed with the church’s official position should realise that they are in “the wrong place”.

“It’s not that I’m saying that this woman shouldn’t be a teacher anywhere, but I think she was a square peg in a round hole.” Archbishop Fisher said.

When the legal action was announced last week Colvin described how she has been devastated to lose her job over her religious beliefs.

“I am devastated by what happened to me. I loved my job. I am an extremely hard-worker and loyal to a fault, and to have it end the way it did was, at first, professionally humiliating.

“Now, I see it slightly differently. I see it as a God-given opportunity to stand up for what is right, to represent what God is really about: loving others.

“I am bringing the case to let my LGBTQI students know that they aren’t deformed or disordered. They were created as they are, in the image of God, and that they are fully loved by God and share equal dignity with all human beings.”, concluded Mrs Colvin.

Equality Australia CEO, Anna Brown, said the case exemplified how people should not be hounded out of their jobs because of their religious beliefs.

“Mrs Colvin offered to teach in accordance with the schools’ beliefs. She simply wouldn’t sign a statement purported to reflect her own beliefs that was actually at odds with her Christian beliefs.

“When I first met Rachel I was immediately struck by her compassion and empathy, and the importance of her faith in her teaching and to who she is as a person.

“Australians shouldn’t be hounded out of jobs simply because their religious beliefs support and affirm same-sex relationships, and respect the dignity of LGBTIQ people.” Brown said.

“Sadly the students at Ballarat Christian College have lost a caring and capable teacher, simply because an employer has sought to impose its narrow minded version of Christianity and control the personal beliefs of its staff.

“These issues are raised squarely by the proposed federal Religious Discrimination Bill, which presents even greater risks to workers in religious organisations who believe that LGBTIQ people are whole and human, not sick and broken.”

“Exemptions from anti-discrimination laws privilege the interests of religious institutions over the rights and freedoms of everyday Australians. Exemptions undermine equality before the law for many Australians”, Brown said.

Mark Spencer, the spokesperson for Christian Schools Australia, told The Guardian that it was not a reasonable expectation for Colvin to believe one thing and teach something different to students.

“Even if you accept that claim … that’s calling upon her to fundamentally lie to the students,” Spencer said.

“Students will see through that. The next question will be ‘what do you think Miss?’ We don’t want teachers to teach something that they don’t believe in.”

The spokesman dismissed suggestions that the position set a negative message to transgender to same-sex students who may feel forced to conceal their identities in the setting of a religious school.

“It doesn’t send any message. The school has strong pastoral care policies and cares for all of its students.

“You can still care for people and love them even though you have different beliefs.” Spencer told The Guardian. 

OIP Staff