You’ve heard it said, I’m sure: “This is where I draw the line”, or “That’s my line in the sand, and I won’t cross it (and I won’t allow anyone else to cross it, either!).” In other words, a lot can happen in everyday life that can affect us negatively and we just let it “go through to the keeper” - to use cricketing parlance. But there are other things that might happen that we would not just let go through to the keeper, and that is where we draw our line. That’s the limit of our tolerance of unfairness, or pain, or injustice on that issue.
Often, it is not until something actually happens to us, or a loved one, that we realise that a tolerance line has been crossed and we are upset, or outraged enough, to do something about it. Protest, complain, take action, write a letter, maybe even go to the police.
As I said recently, there is a time to speak and a time to be silent if we as Christians are to be salt that is salty, and salt used in a way that flavours and doesn’t sicken or overpower. And, as I said, we are in one of those seasons where it is very appropriate that Christians speak up – where lines have been crossed. And some are about to be crossed.
There has been a lot of talk this last year about religious freedoms being interfered with at a state and national level. (And the COVID restrictions, harsh as they may have felt over the last 20 months, have curtailed everyone’s freedoms – not just the freedoms of religious persons). However, there have been instances in recent years where religious freedoms have been eroded. The so-called “Change or Suppression” Bill where ministry to those seeking help with their gender concerns is now outlawed; the attempt by an upper house MP to have the High School Chaplaincy program banned, and now, a new bill before state parliament, as I write this, that seeks to remove exemptions for discrimination for specific religious institutions, such as, (but not limited to) Christian Schools, which are currently protected under the Equal Opportunity Act (2010). The state government wants these exemptions removed by their new bill, the Equal Opportunity (Religious Exceptions) Amendment Bill 2021.
The first of the proposed amendments will remove the right of any religious schools to make staffing decisions based on whether or not the staff member agrees with fundamental moral values being taught by the school, by narrowing the grounds on which a staff member can be hired (or fired) to “religious belief” alone – and this could even apply to a religious studies teacher, such are the vagaries and lack of precision in the wording. This rule will also apply to any organisation “providing services funded by the Victorian Government”.
Another amendment will impose on all schools and “religious bodies” (however that is defined, the draft is very general) a law that any staffing decision based on religious beliefs must be justified by demonstrating that the “inherent requirements” of the position require such a criterion; the implication being that a secular Victorian tribunal or court will then determine whether such requirements are applicable by examining the religious beliefs of the body or school for themselves. Another amendment will completely remove the current right of private Victorian citizens under section 84 of the Equal Opportunity Act 2010, not to be sued for discrimination where they can demonstrate that their action was “reasonably necessary… to comply with the doctrines, beliefs or principles of their religion”. Are you getting all this? This is just the start - it gets worse.
A line is being crossed here – and I cannot let what is happening just go through to the keeper.
The current state parliament has 62 MPs belonging to the ALP and 18 belonging to the LNP in the legislative assembly (lower house). The government has an unassailable majority – even if 40 of their MPs are all on sick leave! In the Legislative Council (the upper house), the government does not have a majority. But with three independents, and I use the term loosely, (one each from the Greens, The Reason Party and the Animal Justice Party), who always support the government in exchange for deals of their own, a very large body of legislation has been rammed through the parliament since the last election. In the last fortnight alone, 16 bills were passed with no amendments at all. This last year dozens of bills have been passed unamended and many of these have directly impacted upon religious freedoms - erosion.
Religious freedoms in Australia are only protected by a patchwork of laws in different jurisdictions. There is no one, overarching federal protection for religious freedom that has effect in any state or territory. Section 116 of the Commonwealth Constitution applies only to laws passed under authority of the Commonwealth Parliament, and not to State laws. That means that any law a state government introduces that impacts on religious freedom cannot be overridden by the constitution. In Victoria, we are fast coming to the place where we Christians and “religious bodies” will be required to justify to secular authorities our freedom of religious expression.
That is a line in the sand for me. And that means it is time to speak.
I urge all of you to write letters to your local member of parliament protesting the introduction of this new Equal Opportunity (Religious Exemptions) Amendment Act, and calling for a proper, genuine community consultation, and for respectful dialogue with faith leaders across the state, before changing anything – something the government consistently refuses (yes, refuses) to do. I urge everyone to pray and intercede for the withdrawal of this legislation that will open the gates for the persecution of people of faith. And that is no exaggeration. I will comply always with the laws of the state. But I will heed the command of Jesus, Himself, as my measuring stick:
Mark 12:17 (NRSV)
"Give to the emperor the things that are the emperor's, and to God the things that are God's."
This is my personal measure for when to draw a line in the sand as a man of faith. I can do no other. I am happy to discuss these matters with anyone who needs more information on how to write a letter.
Selah!
Ps Milton
Sources: Law & Religion in Australia BLOG (Neil Foster); Moulds, Sarah - "Drawing the boundaries: The Scope of the Religious Bodies Exemptions in Australian Anti-Discrimination Law and Implications for Reform" [2020] UWALawRw 6; (2020) 47(1) University of Western Australia Law Review 112; Equal Opportunity (Religious Exceptions) Amendment Bill 2021 [Draft].