I have written to the Australian Governor-General to express my concern about the leaked of the proposed Companion of the Order of Australia award to Rev. Dr. Margaret Court AO, MBE, Australia’s highest civilian award.
The following is a copy of my email to the Governor General sent this afternoon requesting that he reconsider and revoke the award.
My Dear Governor-General
I write to express my sincere concerns about Rev Margaret Court AO’s proposed appointment as a Companion of the Order of Australia.
I understand that she was appointed an Officer of the Order of Australia (AO) in 2007 for her services to tennis. There is no doubt that she was and continues to be the most successful women’s tennis player globally, even to this point of time, so that award then (apart from being rather late) is entirely appropriate. Rev Courts was also a Centenary Medal recipient in 2001 and received an MBE in 1967 for her involvement in sport. Let’s also recall that she has a significant stadium named after her and was recognised at the Australian Open in 2020 being 50 years from her success. (I do note that it appears it was something that she demanded rather than was humbled to participate in).
Whilst we don’t have the privilege of being aware of the reasons for her being upgraded to the Companion, it cannot be for tennis, so the question is for what?
We know that Rev Court has been one of the most divisive people in Australia in the last 9 – 10 years.
A person who has used their platform as a tennis player to spread hatred towards the LGBTIQ community in Australia and misinformation about LGBTIQ people.
I write this letter as an active Christian within the Uniting Church of Australia, and a member of the LGBTIQ community and an advocate for the community. For clarity, I am writing in my own capacity and not on behalf of any organisations I have an association.
I think it is vital that we review some of the commentary of Rev. Court over the recent years.
From a background perspective even before her engagement with her anti-LGBTIQ crusade, there are real concerns about her thoughts towards non-white people.
Rev Court’s public commentary condemning the LGBTIQ community and marriage equality goes back to at least 1990 in the public domain.
In 1990 in the UK on the front page of one of the large daily newspapers, she attacked members of the LGBTIQ in professional sport. She was falsely stating that Lesbians players would turn other tennis players gay.
December 2011 (which reference commentary back to 2002)
“Court, who is the founder and senior pastor at Victory Life Church in Perth, has urged Australians to make a stand against same-sex marriage, saying no human law could ever change God’s divine laws.”
“Court said society was best served by strong family units that comprised a mum, dad and children and that there was no reason to put forward “alternative, unhealthy, unnatural unions” as a substitute.
“Court has had a history of anti-gay comments, accusing lesbians of ruining women’s tennis and calling Navratilova a bad example to young players.”
“In 2002 she said Damir Dokic’s concern about daughter Jelena being exposed to lesbians on the circuit was “understandable” and campaigned against Western Australian laws that gave gay couples equal legal rights as de facto couples.”
“To dismantle this sole definition of marriage and try to legitimise what God calls abominable sexual practices that include sodomy, reveals our ignorance as to the ills that come when society is forced to accept law that violates their very own God-given nature of what is right and what is wrong,” the newspaper quoted her as saying.
When looking at families, it is essential to recognise that children within LGBTIQ families perform as well, if not better than their peers in heteronormative families. “We identified 79 scholarly studies that met our criteria for adding to knowledge about the well-being of children with gay or lesbian parents. Of those studies, 75 concluded that children of gay or lesbian parents fare no worse than other children. ….. Taken together, this research forms an overwhelming scholarly consensus, based on over three decades of peer-reviewed research, that having a gay or lesbian parent does not harm children.”
2019 Marriage Equality
Court’s engagement in the Marriage Equality campaign was very destructive and also very ignorant. During her commentary, she stated that “lust for the flesh” and that LGBT tendencies in young people were “all the devil”. “That’s what Hitler did. That’s what communism did,” Court said, “get in the minds of the children. There’s a whole plot in our nation and in the nations of the world to get in the minds of the children.”
Her suggestion that LGBTIQ advocates where like Hitler were unacceptable. Like many Australians, they knew of the history of Hitler’s atrocities to the Jews; unfortunately, our education system has failed. Most people are unaware of what Hitler also did to the homosexuals, disabled, Gypsies and others.
In particular, all the homosexuals were rounded up. The gay rights movement symbol of the Pink Triangle came from the concentration camps as that was a patch on the clothes of the homosexuals. It was much larger than for other groups, and they were hoping that they would be bashed in the concentration camps. Further, they were subject to medical experiments, and it is estimated that 15000 were killed in the gas chambers.
“Hatred of homosexuals was determined by both party ideology and the personal obsessions of the leaders, and especially of Heinrich Himmler, the main originator of the plan to exterminate homosexuals. For Himmler and other Nazi ideologues, homosexuals—like Jews—were the incarnation of degeneracy. They saw Jews and homosexuals as outsiders and inferior human beings who threatened the purity of der Volk.”
“Those who wore the pink triangle were brutally treated by camp guards and other categories of inmates, particularly those who wore the green (criminals), red (political criminals) and black (asocials) triangles.”
Further, it is important to recall that one of the first acts that Hitler’s regime undertook was the destruction of the “Institut für Sexualwissenschaft, a German name that roughly translates to the Institute of Sexology.” This library was considered the most extensive LGBTQ library globally and probably the most important around transgender people.
Would you allow a person with similar sentiments towards Jewish people to receive the top honour in the Australian system?
There are so many other examples around Rev Court’s comments, but I will leave those here, and I am sure with some very quick Google searches (if we still have that capability) you will be able to find even more.
Translational Issues of the English Bible
One of the challenges is that many Christians use the Bible to condemn the LGBTIQ community. One of the critical issues is that until 1946 the word homosexual didn’t appear in any English translations of the Bible. It was introduced into the 1946 RSV version by error. When people look into the context and culture, the translation to homosexuality does not make sense. When you look at translations into other traditional languages, you don’t see the equivalent of homosexual. So, I contend, just like with Biblical justification of racism and slavery, the Biblical rationale for rejection of LGBTIQ people is not sustainable within the Christian thinking.
During the Israel Folau matter, I have been aware of some youth/young adult suicides/suicide attempts, some through my Church network and one through an article in the public domain such as this quote. “Julie rang me late yesterday. Matt [12 years old] is in hospital after a suicide attempt. He’s twelve. He’s a great kid who has been terribly distressed by everything that is happening right now about Israel Folau’s fight with Rugby Australia over Folau’s right to freedom of speech, and about Matt’s idol’s continued stance on homosexuality as a sin against God.”
I therefore earnestly urge you to reconsider the awarding to Rev Dr Margaret Court the honour of the Companion of the Order of Australia and withdraw the award.
I look forward to your correspondence in response to my request.
There has been some press even here in Australia around JK Rowling’s recent Tweets and subsequent blog article around her concerns with transgender people. On the one hand, she is supportive; on the other hand, wants to put limits.
Pretty quickly three high profile actors (Daniel Radcliff, Emma Watson, Rupert Grint) from her famous Harry Potter series movies came out extending their full support for the transgender community and politely challenged Rowling on her views. Additionally, Eddie Redmayne (from the Harry Potter spin-off film series Fantastic Beasts) has also come out fully supporting transgender people.
Her defending blog is quite extensive, but unfortunately, like many who hold an unfavourable position to full inclusion of transgender people, it is selective in how it is written.
Rowling does complain about threats, which are not acceptable in any discourse (I know I received numerous implied death threats during the Marriage Equality debate).
Within the Uniting Church in Australia, (where I am a member), it should not need to be restated, but I will, Transgender people hold full and equal rights of membership as any other member within our Church.
While this may seem to be an international issue, News Corporation, mainly in The Australian since July 2019, and to a lesser extend The Daily Telegraph and SkyNews, have been running an extensive anti-transgender campaign. NewsCorp has also been running a comprehensive anti-transgender campaign in the United Kingdom.
There are fundamentally two critical elements of the campaign, firstly the increase in the number of transgender people and children wanting to access puberty blockers and with this, the “sudden” high growth “detransitioners”. Secondly, a particular focus on Transgender women, are they women and should they have access to women’s space putting other women at risk? The Australian is now morphing its campaign around concerns of people on the autism spectrum and “an apparent correlation” to transgender people.
Part of the News Corporation campaign is to have an inquiry in to transgender support health programs in Australia (as they have succeeded in the UK). The Federal Minister of Health sought the advice of the Royal Australian College of Physicians who rejected the need for an inquiry and responded that such an inquiry would have negative mental health consequences for transgender people stating[i]
“The RACP strongly supports expert clinical care that is non-judgemental, supportive and welcoming for children, adolescents and their families experiencing gender dysphoria” and “Withholding or limiting access to care and treatment would be unethical and would have serious impacts on the health and wellbeing of young people” and “Finally, our clinicians noted that there are substantial dangers posed by some of the proposals that have been put forward during the recent public debate on this issue, such as holding a national inquiry into the issue. A national inquiry would not increase the scientific evidence available regarding gender dysphoria but would further harm vulnerable patients and their families through increased media and public attention.”
There is so much I could say, but I want to focus on a few key points that I think need rebuttal, and hopefully an educational piece for members of the Uniting Church and other Christians.
Much of The Australian’s early work had a connection to the research of Lisa Littman, a researcher in the USA that indicated that the sudden rise in the number of transgender children was a result in the term “Rapid Onset Gender Dysphoria” through “social contagion” (ie social media/peer pressure). JK Rowing also refers to her work and study. Her university initially pulled her research due to some questions on the method and approach, and additional work was required while her study results remained largely unchanged.
There continue to be significant questions on the credibility of her work, primarily through its study method. I won’t go into all the details here, but you can read an academic criticism of the study by Arjee Javellana Restar[ii]. It is important to understand that being transgender is not a mental health issue/or disorder (although many transgender people have mental health issues as a consequence of how they are treated by society, and often by religious people and organisations).
The key issues that concern me with the Littman study are (a) there appears to be an underlying negative pathological position and terminology towards transgender people which is against all accepted health professional bodies and the WHO, (b) there appears to be a self-selection bias in the recruitment of parents which was biased towards anti-transgender social media groups and (c) the study did not engage with the transgender child/youth, which is a concern as there was a very high percentage of parents 76.5% who did not believe their child was transgender.
So, I have concerns that Rowling is pinning some of her non-affirming of transgender people on what does appear to be a flawed piece of research. It is in my opinion that if parents show a negativity towards LGBTIQ people, children will delay sharing themselves with them. If a home appears to be anti-transgender, then a transgender child is less to raise the issue. When their gender dysphoria becomes severe, often in their later teens and parents become aware sometimes via mental health issues, it then appears to these parents as “Rapid Onset Gender Dysphoria”. In contrast, the child has been aware of this for many years. As an example as a cis gendered gay man, I didn’t come out until some 24 years after my father had died.
Concerns around puberty blockers have been a key part of the News Corporation campaign, and they and Rowling make comments such as “extensive research that studies have consistently shown that between 60-90% of gender dysphoric teens will grow out of their dysphoria” and yet Rowling does not provide a link to any such evidence.
There is no demonstratable evidence that puberty blockers cause long term harm to Transgender children (who are often on them for shorter periods than children with other medical presentation for the use of the medication). The linked website in the end notesvprovides links to a considerable number of studies that refute this assumed issue.[iii]
Australia, like many countries, has a very well-established protocol for the assessment and managing the treatment of Transgender children, and if you are interested, you can read and download the document. I would encourage readers to download[iv] the document to be informed of the actual protocols and not what is often in the media as misinformation.
Another area Rowling talks about, with expansive language without data is the apparent “increasing numbers who seem to be detransitioning (returning to their original sex)”. But when we look at meta studies undertaken by Cornell University[v]
“Regrets following gender transition are extremely rare and have become even rarer as both surgical techniques and social support have improved. Pooling data from numerous studies demonstrates a regret rate ranging from .3 percent to 3.8 percent. Regrets are most likely to result from a lack of social support after transition or poor surgical outcomes using older techniques.”
The evidence doesn’t support the anecdotal commentary from Rowling.
The last thing that concerned me around Rowling’s article was that having suffered sexual abuse she didn’t want transgender women to share space with her. It is horrifying that she has been a victim of sexual abuse and I don’t in any way downgrade that experience or impact on her life.
I too am a victim, in my case of domestic violence, so does that mean that as my abuser was a male, that as a male I should exclude all other men from the spaces I need to be in?
I am not going to suggest that you cannot find an example of a woman assaulted in a women’s space by a Transgender woman. Still, it is essential to remember that cis women also assault women in women’s areas. Commentary from police forces in the USA[vi] that has had long-standing anti-discrimination policies (and the lack of the discriminatory “bathroom bills”) do not record this as an issue.
Sadly Rowling tries to play down the suicidality that is often an issue for Transgender people. The LGBTIQ Health Alliance 2020 “Snapshot of Mental health and Suicide Prevention Statistics for LGBTIQ People”[vii]:
48.1% of transgender and gender diverse people aged 14 to 25 have attempted suicide in their lifetime
Compared to the general population ….Transgender people aged 18 and over are nearly eleven times more likely …. to attempt suicide
41% of transgender people and non-binary people aged 18 years and over reported thoughts of suicide or self-harm in the last two weeks
Transgender people are six and a half times more likely … to engage in self-harm in their lifetime
53% of transgender people aged 18 and over have self-harmed in their lifetime, 11% currently self- harming
74% of transgender and gender diverse16 people aged 14 to 25 have been diagnosed with depression in their lifetime
This is why the power of people like JK Rowling is so dangerous, and why we as a Christian community should be taking a stand.
There are other issues I have in the JK Rowling blog, but I will stop here!
Unfortunately, many Christian communities reject Transgender people adding to the traumas in their lives.
We should not.
The Australian ABC Television show Compass recently showed a new film about two transgender Christians. I was fortunate enough to go to the World Premiere in Sydney 2020 just before COVID took over our world. It would be worth your time (28 odd minutes) to watch this documentary.
I would encourage everyone in the Uniting Church and more broadly in the Christian community to become informed of the issues around transgender people, and carefully analyse the sources and background people present. The Australian and the Australian Christian Lobby regularly present a Professor of Paediatrics as an expert against transgender people. His status sways some people. Unfortunately, he has no peer-reviewed academic research in the area, his field of medical education is not in the area of transgender people, and he finally admitted last year that he has never treated a transgender patient. His positioning comes from a very conservative Christian perspective. So, titles can be used to confuse and deflect.
Similarly, a Professor of Law at another university, who in research around children and the Family Court encourages courts to listen to Children, but when it comes to Transgender children, he takes the opposite position. The media fail to note that he has had strong connections with the Australian Christian Lobby.
Transgender people have been part of our society for eternity. It is time they are treated with respect and inclusion as any other member of the human race.
JK Rowling created a fantastic series of books, that my children loved, as so many children around the world. Her, in my view, uninformed views on Transgender women should not detract from those works nor the benefits they have provided to so many children, particularly those that didn’t read until that series arrived. However, using her platform to support exclusion and the rejection of transgender people is, in my view, not acceptable and should not be tolerated.
Member of the Uniting Church and LGBTIQ Advocate
These views are of the author and not any group within the Uniting Church or outside.
Tonight formally ends Sydney Gay and Lesbian Mardi Gras 2020 for me. The Parade and the After Party were on the weekend, but I couldn’t fit in all I wanted to see in plays, theatre (I didn’t get to any exhibitions!) over the 2 -3 weeks of the Mardi Gras season. Fortunately, a couple of plays associated with Mardi Gras started the season before, and some, such as the play I saw this evening, continue afterwards.
My final play was “Our Blood Runs In The Street” put on by Redline Productions, and a beautiful little theatre in Woolloomooloo, just outside the CBC, attached to and underneath a pub – the Old Fitzroy. The play runs until 21 March 2020, and I would highly recommend you see it.
I knew some of the story from my volunteering at ACON Health, and also from that being aware of the NSW Upper House Inquiry  “Gay and Transgender hate crimes between 1970 and 2010 – 57th Parliament.”
This inquiry follows on from ACON’s report – I”n Pursuit of Truth and Justice: Documenting Gay and Transgender Prejudice Killings in NSW in the Late 20th Century – shines a light on the suspected anti-gay homicides that occurred in NSW from the 1970s and 1990s.” 
Given that I didn’t come out until 2015, was married in 1995, and hid my sexuality for most of my life, there were a couple of things that struck me.
Firstly, there is a connection for me, not here in Sydney, but in Adelaide, where I grew up as a child until I finished university. The first time I became aware of the word homosexual, I was nine years old, already knowing I was different, but not why, and this event didn’t help. Adelaide University senior lecturer, English born Dr. George Duncan died on 10 May 1972 after he was bashed, his body thrown into the Torrens River, where he drowned.
Soon after my 13th birthday in 1975, homosexuality was decriminalised in South Australian in 1975, around the time of major trauma in my family over my involvement with another boy. My father’s severe dislike for Don Dunstan, the Premier who brought about this change, plus I suspect his own war experience, meant that he was not supportive of this change at all.
In 2020 his murder has never been solved, and it is thought by many that members of the SA Police Force were involved. In the coronial inquest, members of the SA Police Force refused to answer questions. .
While this play (and other TV series on SBS) focus on the gay murders in Sydney, there is a history of the same in Adelaide also, and SBS has produced a web series on their summary of informaiton, “Out of Sight – Untold Story of Adelaide’s Gay Hate Murders.”  That was my town.
Each year post-Orlando Massacre, people in various places will read out the names of those that died in that horrendous gay hate attack in Florida. Candle Light vigils are still held to remember those who died in the AIDS crisis.
For me, one of the powerful parts of this play was to hear the names and the date of death of the some 80 or so people of the gay hate murder spree in Sydney.
Whilst some of the choreography of the play, I wouldn’t say I liked the overall presentation of the story was compelling.
Excepts of recordings of listening devices of criminals already in jail to gather more evidence of other gay crimes they committed.
The play explored the probably underreporting of transgender murders in Sydney (and Australia).
We were reminded that the NSW Police, in the case of an American student, determined that it was suicide without collecting any evidence. Three coronial inquiries later, the State Coroner determined that his death was a gay hate crime, some thirty years after his death.
Other stories, of bashings and attacks, and the LGBTIQ communities unwillingness to go to the Police because couldn’t trust the NSW Police, they either didn’t care, may have supportive of the attacks happening or may have been involved.
As I look back over my time in Sydney arriving in 1991 after spending time in Melbourne post-university, I have little or no awareness of these murders.
So I have begun to think, who else is complicit in all of this.
First and obviously the NSW Police Force who it appears failed to investigate these (and possibly more murders) actively.
Secondly, where does Christianity come into this? The Sydney Anglican Church was well on its way of being a leading anti-gay religious community in Australia (and has expanded that activity globally). The Catholic Church which has historically had strong political ties is also notoriously anti-gay. While Australia’s third-largest Christian denomination was progressing on LGBTIQ acceptance during this period, there were still strong pockets of resistance, and significant parish have had (and still have) a significant anti-LGBTIQ stance.
The NSW Police and religious have had a long relationship and did the religious leaders in Sydney put any pressure on the NSW Police Force to not focus on these 88 or more murders?
Thirdly the media. There remain influential groups within the media who are clearly of homophobic and/or transphobic. You only have to look at the ongoing campaign of News Corps “The Australian” with its very regular and unbalances articles running since about July 2019 against transgender youth. There were some journalists who researched and considered these issues, but how did 88 murders go unnoticed by the media? If it these murders had been of almost any other group (probably with the exception unfortunately of Aboriginal people) at that point of time, there would have been a significant outcry. But it was only the murder of the gays.
The families of these victims will never have a sense of finality (as the play said closure is not appropriate here, because you can never close of these events in your lives) until these murders are solved. Unfortunately, with the progress of time, the lack of evidence maintained by the Police, this is getting increasingly unlikely. One hope is that as many of the murderers were likely teenagers, they are now probably in the ’40s or 50’s as life moves on, maybe for some of them, clearing up their conscious is something they might do. Somehow, I think that is a hope too far, but we can always hope.
“Our Blood Runs In The Street” is a play that people should see, particularly our younger members of our society, LGBTIQ and straight. Some rights still need to be achieved, particularly when governments around the world, including our Federal Government in Australia who want to wind back LGBTIQ rights. The winding back of rights will inevitably lead to increasing violence against the LGBTIQ community, starting with verbal abuse, and that may well escalate to the return of significant physical violence and deaths.
And it is those same churches, the Sydney Anglican Church, the Catholic Church, and other conservative Churches in Australia that are rightfully seeking anti-discrimination laws for people of faith, but are also wanting a sword to attack others. They wish to withhold employment and health care from people they don’t approve. They want the right to intimidate LGBTIQ people and others in our society. Where in Christianity is the justification for having a right to intimidate others?
These are the very attitudes that were part of the framework for setting up the environment where there are 88 unsolved murders of gay men in Sydney.
This is why this play, at this point of time, is so important.
Exposure Drafts on Religious Freedom and Associated Legislation
Firstly, I am happy for my submission to be made public and to
be placed on the Department’s website.
By way of background, I am a businessman owning and operating
a boutique consulting firm, sit on a number of boards, am an educator of
company directors, a Christian heavily involved in my denomination at
practically every level with a variety of leadership roles, a father of two
young adult children and a member of the LGBTIQ community.
It is from all these different perspectives that I have a
relatively uncommon perspective, but one that is not unique.
This week, many political leaders around the world, including
here in Australia, have been remembering seventy-five years of the closure of Auschwitz
as part of the Holocaust. What most of
the media hasn’t reported on outside the horrors of the Jewish Community, is
that that same regime rounded up all the homosexuals, Gypsies, disabled and
others. It is estimated that over 15,000
homosexuals ended up in the gas chambers.
Why is this piece of history so important?
We need to understand the significance of othering. Making minority groups othered and
unimportant in a society.
We also need to remember the role of religion, particularly
Christianity, that in some areas was complicit in allowing the Holocaust to
occur. Fortunately, some of our greatest
theologians come from the concerns, such as Barth and Bonhoeffer, with the
latter executed by the Hitler regime.
We also need to recall some of the history of Christianity:
Many supported slavery and racism
There has been and continues to be, global
discovery of child sexual abuse that has been significantly covered up by the churches
and in some cases, continues to abuse those people during the investigations
UnitingJustice, an agency of the Uniting Church, in their
document “Dignity in Humanity – Recognising Christ in Every Person, A Uniting
Church in Australia Statement on Human Rights, adopted by the Eleventh Assembly
July 2006, Resolution 06.20.01” states:
“We must never forget that people who claimed to be
Christians and the Christian church itself have been responsible for colluding
with and perpetrating violence and oppression. Our history is scarred by greed
and fear and so we have, too often, failed in our mission of love. However,
there have always been Christians committed to ending violence and poverty and
in the last hundred years or so the church has been engaged internationally to
this end. In 1937 representatives from churches around the world met to ensure
that human rights were included in the United Nations (UN) Charter and the
churches went on to play a signiﬁcant role in the development of the Universal
Declaration of Human Rights.”
It is interesting to note that during a series of consultations
around an earlier concept of a Bill of Human Rights, where there were case
studies, many of the Christian Churches strongly objected to this
direction. Of the submissions received
to build the case studies, the Uniting Church was rejected because it supported
the development of a Bill of Human Rights.
There has been a drive by conservative Christians since the
1970’s to focus on the exclusion and erasure of LGBTIQ people. However, it is also important to understand
that the word homosexual was only introduced in the English translation of the
Bible in 1946, and a major research project to be published this year will
demonstrate that this was an academic error.
Just as the American Psychological Association determined that
being homosexual was a mental illness through poor research (which took years
to correct and untold damage to gay people), we are moving into a new time,
just as the Churches had to come to a view, that racism and slavery weren’t
Biblical in this age; the same will happen with attitudes of the Churches to
LGBTIQ people. They will ultimately apologies for the abuse for which they are
responsible towards LGBTIQ people, when they finally accept that there is no
justifiable position for their rejection of LGBTIQ people.
In fact, there are those that hold the view that the future
evangelists of Christianity will come from the LGBTIQ community. Given that they
are also made in the image of God and are one of the many oppressed communities
that should Jesus be walking the earth today, he would sit down and spend time
with, rather than reject.
The Report of the Expert Panel into Religious Freedom (the Religious Freedom Review) created by the LNP Government commented that Australians whose faiths face persecution overseas appreciate the ‘relative safety that Australia affords people of different faiths’ (para 1.13). Importantly that Report recommended only small additions to Australia’s legislative protection of Australians’ religious freedoms. Yet what the Government has offered is extreme in nature and moving from the concept of protecting an individual from discrimination, to a new and highly concerning legal structure of protecting a non-natural person (an organisation) from discrimination, and allowing both an individual and organisation unprecedented powers of discrimination against others.
Now coming to the legislation:
The proposed legislation appears to start from the premise
that religious freedom is an absolute right, and one that does not need to be
balanced with other human rights. I
would argue that the proposed legislation creates the position that a religious
right is superior to all other human rights.
This is clearly untenable, that a choice to hold a faith is superior to
the actual existence of a person.
The International Covenant on Civil and Political Rights.
Article 18 of the ICCPR outlines
the right to freedom of thought, conscience and religion, and section 3 of that
“Freedom to manifest one’s religion or beliefs may be
subject only to such limitations as are prescribed by law and are necessary to
protect public safety, order, health, or morals or the fundamental rights and
freedoms of others.”
The Bill agrees, section 3(2) stating that regard is to be had
to ‘the indivisibility and universality of human rights, and their equal status
in international law; and the principle that every person is free and equal in
dignity and rights’. However, the proposed Bills provided an almost unfettered
legislative right to religious freedom, without balancing that with other
rights, the Bill divides the right of religious freedom from other rights, and
will result in some Australians being less ‘free and equal in dignity’ than
Effectively, this Bill creates of system of religious apartheid
in Australia. This will form of apartheid will be as destructive to our society
as the systems of racial apartheid used in other countries, that Australia has
historically been leading global voice to have removed.
Historically, there has been a significant amount of
discrimination built into legislation in Australia, much of which has permitted
discrimination against LGBTIQ people. As
a minority group, the LGBTIQ community has had to work very hard over long
periods of time to gradually have discrimination against them removed. However, it has been the trend of legislators
over recent years to remove unreasonable discrimination enabled by law.
Some of these have been hard fought, as we saw with the national
postal survey and parliamentary process to remove discrimination in marriage;
the first time in Australia’s history where a human rights matter has been put
to the people where Parliament could have acted, as it should have.
In the lead up to the Wentworth by-election in 2018, the Prime
Minister promised to remove discrimination against LGBTIQ students in schools
and has failed on that commitment and moved and delayed the matter for
This proposed legislation will enable a dramatic increase in
discrimination in Australia. Much of the
activities where discrimination will occur will actually be funded by the
Australian taxpayer, which is completely unacceptable.
In welfare services, there is no justification for discrimination
of employment, while it is reasonable to ask staff to be supportive of the
ethos of the organisation. The concept
of supportive of the ethos should not be used however to restrict employment of
LGBTIQ people, people in same sex relationship/marriages, people of particular
gender. The only area where such as
exception may be reasonable, is in the area of formal appointment of ministers
of religion, such as Chaplains at schools, hospitals, aged care facilities etc,
and to some extent members of an organisation’s governing body. These limited exceptions must be
significantly controlled and transparently justified.
To that extent, rather than providing additional rights for
discrimination in employment, the Government should work to reduce
discrimination. There is no justifiable
reason for a school to be exempt from hiring a maths teacher because they may
be LGBTIQ. Years ago, churches would
have said they should be allowed not to hire a disabled person because their
disability is a sign of sinfulness. We
all know that is not right, so why do we allow such injustice to LGBTIQ people
There is no justification to allow people who hold a religious
faith to be abusive to other people outside of their religious setting, such as
a taxi driver being abusive to a lesbian couple in their taxi, or a school
teacher telling a divorced father looking after their kids that he is sinful as
a divorcee, or a manager emailing a staff member that being transgender is not
acceptable in the eyes of God.
Some of these would breach any reasonable employer code of
conduct today, so why should these be acceptable in the future?
Why is it acceptable for a religious person to intimidate
another person, when this is not acceptable for any other citizen?
Professional Bodies/Commercial Limitations
I am currently involved in a number of professional bodies and
have been involved with more in the past.
Over time, there has been an increasing acceptance that it is
not appropriate to bring private religious material that could bring discomfort
or harm to other people into a professional setting, ie that have no bearing on
the matter at hand.
This Bill will unwind many years of advancing of good
The notes with the Bills provide an example of how a doctor
can legally comment in a derogatory manner towards a transgender patient. There is no justification in a clinical
setting for such comments to be made in the first place.
Access to health for many people is already difficult, and the
proposed legislation will make access to health for women, disabled people,
LGBTIQ people significantly more difficult and put their physical and mental
health at risk.
On one hand the Government is attempting to dramatically
improve the mental and physical health of people in Australia, yet on the other
hand, groups that are dependent on high health care are increasingly at risk of
inappropriate treatment, if they will be able to get it at all.
There are no religious grounds for this dangerous expansion of
the removal of health services, particularly to vulnerable Australians.
This Government has prided itself on getting out of the way of
business, however, through these Bills, wants to interfere in business and
ensuring safe workplaces and maintenance of their brands in society. I note that the Government continues to give rights
around codes of conducts and outside activities that it is now denying the
The dangers of some conservative religion are being shown as
states around Australia are working on legislation to outlaw conversion therapy
because of its dangers (such acts are being supported by the majority or
relevant professional health associations because of their dangers). Religious schools are fighting to retain the
right to send children to conversion therapy.
Just as they denied sexually abusing children, they want the right to
mentally abuse children through programs that at best leave long term mental health
issues or at worst case, suicide.
Nature of Discrimination Acts
Discrimination Acts by their nature are to protect the
individual, however, for the first time, these Bills will provide protection
and the right to discrimination by religious organisations. This is not consistent with the standard of
these types of Acts and is not acceptable.
Overriding Other Jurisdictions
There is no justification for these Bills to override some
Tasmanian Laws, or to allow religious people to not comply with Local Council
regulations with which other citizens need to comply.
There is no requirement for a Religious Discrimination
Commissioner in the Australian Human Rights Commissioner, as the Ruddock
Inquiry indicated there is little risk for religious people and organisations
in Australia. What there is a need for,
is an LGBTIQ Commissioner as there is a long history of violence and
discrimination towards LGBTIQ people.
Much of this discrimination supported by many religious organisations.
While there has been an attempt to correct Aboriginal and
Torres Strait Islander spiritually via notes to the bill, I remain unconvinced
this issue has been appropriately addressed, and once again Aboriginal and
Torres Strait Islanders will be disadvantaged and subject to further
This proposed legislation is some of the most dangerous
legislation in recent Australian legislative history.
It creates a level of differing rights and standards between
different classes of Australian citizens and organisations.
It is unnecessarily complex.
It lacks reasonable definitions and tests.
It reverses the rightful trend of Australian parliaments to
reduce discrimination and to improve protections for minorities in favour of
creating a system of systematic discrimination against large sectors of
Australia’s society, and targets some of the most vulnerable minorities in
It is without a doubt a system of religious segregation that
is no better than race-based apartheid which Australia has been a global leader
Rather than moving Australia together as a cohesive society,
this will pit Australian against Australian and create disharmony among so many.
Rather than assist with the ongoing improvement in the health
and well-being of Australians, this will have a direct and negative impact on
the health of many.
If religious organisations can convince the Government that
they need the right to discriminate, then they should not receive any taxpayer
funding. Likewise, if health
professionals want to discriminate against patients, they should not have
access to Medicare funding at all and should seek to only have patients who are
willing to consult with them outside of the Medicare system. Their Medicare biller code can then be
reallocated to doctors who are willing to serve all the public.
Accordingly, I have no option but to call on the Government to
abandon this legislative strategy and recommence with a Human Rights Bill that
seeks to balance competing human rights.
When balancing competing human rights, it seems to me that the innate
nature of a person, such as their race, gender, sexual orientation etc is a is
given a higher order than their rights from areas of choices, such a religion.
These exposure bills are an abject failure in balancing human
rights. They virtually guarantee that
religious rights (the rights from a personal choice) are always held above all
other human rights (those that are innate about a person).
The only way forward is the creation of an effective Human
I would be more than happy to discuss my submission with you.
Drafts on Religious Freedom and Associated Legislation
As a Christian and a gay man, I wish to
record my concerns around the proposed bills to enact anti-religious discrimination
In the first instance, I do wish to record
that I support the principle of religious discrimination laws, those that are
intended to protect individuals who hold a religious belief.
However, while there are elements of a
traditional non-discrimination bill in the proposed Acts, the bills go
considerably further and consequently create a real and present danger not only
to the LGBTIQ community but also to women, single parents and potentially
people with disabilities.
It is important for the Attorney General to
remember that religion has been used to:
Discriminate against women;
Support discrimination against
Aboriginal and Torres Strait Islander people; and
Obtain legislation to positively
discriminate against LGBTIQ people, as examples.
In preparing to make this submission, I
have had the opportunity to read some early submissions that have been made
public, and I support the principles outlined in those submissions, particularly:
Australian Human Right
Associate Luke Beck, Associate Professor,
Monash University, Faculty of Law;
Equal Voices; and
Conceptually, the Acts intention are to
provide a shield rather than a sword, but due to the unusual nature of the
drafting of the bills, compared with more traditional discrimination law, there
are significant and dangerous elements within them, very much more sword than a
Rather than necessarily repeating what
these organisations have said in their submissions, I will summarise my
The proposed legislation is
complicated with significant interaction with many other pieces of legislation,
both Federally and State/Territories. It
appears that outside of the religious organisations, there was minimal
consultation with other communities, including the LGBTIQ communities around
the construct and drafting principles of these bills. Approximately 5 weeks for people and
organisations to digest and respond to the consultation is not reasonable.
It is my opinion that there needs to be a real, significant and constructive
consultation with all communities, particularly those that will be negatively
impacted by this legislation, so that balance and proportionality around
competing rights can be managed.
Unfortunately, that the
Government is rushing the development and plans to implement what is
effectively a “religious privileges” bill.
However it has not used this as an opportunity to either develop a
universal bill of rights for all Australians or review all discrimination
bills, and add a religious discrimination bill that are all consistent with
their model of operation.
Additionally, it seems illogical to present these bills, when the Government
has requested the Australian Law Reform Commission to undertake a review and
provide advice in relation to specific areas of religious privilege and
discrimination rights. These should all
be considered concurrently to ensure an appropriate balance is reached.
The proposed amendment to the
Marriage Act through the Human Rights Legislation Amendment (Freedom of
Religious Bill) section is not required and should be removed.
The objectives of the Act need
to be constrained to ensure that people who hold religious beliefs do not have
a legislative benefit over those that do not hold any religious beliefs. Further, the objectives should be modified to
ensure that religious freedoms granted to an organization or person, do not
enable those organisations or people to have a positive right to discriminate against
The clauses on indirect
discrimination are problematic and could lead to unintended negative
consequences towards whole classes of Australian citizens, including but not
limited to unmarried mothers, disabled people (where a religious group’s faith
is that a disability is caused from sin), LGBTIQ people etc. It is my opinion that clauses 8(3) and 8(4) should
be deleted. If the Government is not
willing to delete those clauses, then a broader range of terminologies should
be included as protections against religious abuse, using times in other discrimination
laws such as that would, or is likely to, offend, insult, humiliate, harass,
vilify or incite hatred or violence against another person or group of persons”
As a business owner, there is a balance between people’s rights and that of the
organisation’s values, it appears the draft Act dramatically sways that balance
inappropriately. Accordingly, Clause
31(6) should be deleted due to the significant potential for unintended
The health of LGBTIQ people is
something that the Government has recognised, with the welcome commitment for
additional funding for LGBTIQ mental health services. It is worthwhile noting that the mental
health of the community is currently at a worse position than through the
Marriage Equality campaign, and I expect that this current legislative framework
and the associated process is not assisting the community.
The LGBTIQ community do have issues with many health providers already, who are
either uninformed about health issues for the LGBTIQ community, or are hostile
towards the community potentially breaching their health profession’s practice
The clauses concerning Health Professionals are dangerous and will lead to further
access issues to effective health services by LGBTIQ people.
Additionally, other people such as women, unmarried mothers, etc. could find
themselves being rejected for services by health professionals based on this
Concerningly, there is a risk, that this legislation could override the health
professional bodies code of good health practice, negatively impacting the
health regulatory framework in Australia.
Accordingly, I recommend that Clauses 8(5) and (6) be removed from the bill. If the government is unwilling to remove
those, then I believe it is essential that there be additional requirements in
the Act for the practitioners to notify patients when making bookings (as well
as on any advertising, web pages etc. promoting their services) around any
limitations that have in their practice due for religious requirements. That practitioners must provide a reasonable referral
to another practitioner (within reasonable distance for that particular patient
and their circumstances). They must
provide all services (including those they object to on religious grounds) if necessary,
to preserve the life of the person or to prevent any significant harm. The related clause 31(7) should also be deleted.
Clause 10 should be removed as
discrimination laws relate to a human being and not to a body corporate, and
this is a unique and dangerous addition, outside the tradition of discrimination
legislation. For LGBTIQ people, this
raises real and significant risks in relation to religious processes such as
gay conversion therapy (in its many forms) that have real and damaging impacts
on LGBTIQ people, and the lower end being long term significant mental health
issues through to suicide.
Clause 18 created inconsistency
in the way discrimination Acts operate in Australia and will permit ongoing discrimination
of LGBTIQ students as an example. Given
the Prime Minister has also made a commitment to end discrimination against
LGBTIQ students in non-government schools, this clause should be deleted.
Clause 27 is unclear of its
intent and outcomes so requires considerably more consultation and review.
There is no justification for the Federal Government to override State
and Territory Laws in the area of religious discrimination and as a principle clause
41 should be removed. Importantly the
arguments presented on why this clause is required, often referred to as the
Porteous Clause is based on false and misleading information. In any count, the construction of this clause
means that States and Territories can readily bring this clause to nil-effect.
The Ruddock Inquiry did not identify any real religious discrimination
in Australia, which make moot the underlying reason and urgency of this
legislation. When other areas of the
community are suffering through lack of resources, it seems rather wasteful to
create a new role in the Australian Human Rights Commission to support and area
of discrimination where there is little to none.
Therefore clauses 45 – 53 should be deleted.
I note however that the Prime Minister did make this as an election
promise, so if the Government wishes to proceed with this role, it should also
create an LGBTIQ+ Commissioner, which is a community that has been the recipient
of long term and significant discrimination in Australia (and globally). This would allow the AHRC to have informed Commissioners
representing the competing rights of individuals. I would so also wish to clearly state that
the rights of a person due to their existence (ie being a woman, being disabled,
being LGBTIQ), should always be superior to that of a belief or choice.
Australia has a history of separation of various arms of running the
country fairly, and whilst there are times when a Minister ought to have some
discretions, there are no demonstrated reasons why the Minister (Attorney
General) should have the right to vary or revoke exemptions under this Act. Accordingly, Clause 39 should be amended to
remove that right.
In summary, the proposed legislation does
not meet the objectives that you, as Attorney General stated, of it being a shield
and not a sword. It will expand on the
already extraordinary legislative religious privilege that religious organisations
have in Australia. This drafting has moved
from traditional discrimination legislation to a sword that will embolden religious
communities against LGBTIQ people as has been their target for many years, but also
women, unmarried people, people in de facto relationships, people of other
faiths, cultures, ethnicities and disabilities.
In summary, this is hazardous legislation and will, without a doubt, reduce
social cohesion within Australian.
By the age of 9 I was struggling at my local public school, and my parents, a railway clerk and dressmaker decided that I needed to be moved to one of the local private schools, at a huge sacrifice to themselves, for which I am forever grateful.
By grade 5, I started at Westminster School in Adelaide and received the educational and pastoral care I needed to get me through schooling and on to university.
During my high schooling, as Dad has finally become a junior manager towards the end of his working career, there was an opportunity for him to take a significant promotion, moving to Broken Hill. This was only the middle of the 1970’s, but in the end they could not. I would have needed to be moved into the boarding house, at significant extra cost, but as mum was married, she would not have been able to work in Broken Hill and reverting to one income make the move not financially sustainable.
Religion and women have always had a challenging place, particularly as more religions are run and managed by men.
As a Christian man, I am grateful that I am a member of the Uniting Church, that has recognised that women to have a leadership role in the Christian tradition, and currently our national President is a Women, and now living in NSW, our General Secretary is a woman.
There is currently a major debate underway in Australia around the need for religious discrimination law or religious freedom laws, which I prefer to call religious privilege laws.
The push for these laws is a continued push back from conservative religious elements from the marriage equality laws, and more recently from the dismissal of Israel Folau from Rugby Australia over his infamous comments about amongst other things that homosexuals will end up in hell.
Many religious organisation want to continue with their existing legal right to be able to exclude LGBTIQ kids from their schools (which are significantly funded by the secular society), and to sack teachers of mathematics, English, or office staff and gardeners who are LGBTIQ even though they may make no comments around their orientation in their workplace environment. As a gay Christian I do find this very distasteful, as it seems to go against the principle teaching of Jesus, the central person of the Christian faith, who brought the faith down to two key principles, Love God, Love one another, with no * with a list of exclusions at the bottom of the page.
The conservative Christian leaders in my mind are currently focusing on LGBTIQ people, because they are at the margins of society, don’t really affect people in the mainstream, and unfortunately many people in the broader society think that now there is secular marriage equality, all issues of LGBTIQ equality have been solved, which unfortunately is not the case, schools is but one example.
Unfortunately, the LGBTIQ community is exhausted from the marriage equality debate, we don’t have a lot of resources, which plays nicely into the timing of the Government and conservative religious organisations.
So why should women be worried about religious freedom?
In an article by Dr Kevin Donnellyof the Australian Catholic University, in “The Catholic Weekly, the Melbourne Archbishop is quoted with a section, “Based on natural law and the inherently moral and spiritual truth evidenced by religious faith Bradley [a Law Professor at Notre Dame University in the USA – another Catholic institution], as does Sydney’s Archbishop Fisher, argues religious freedom should be treated as a positive right essential to human flourishing.”
I contend that the push for positive rights by the conservative Christian groups, currently focused at the LGBTIQ community, is the back door entry point to then work on reversing women’s rights that have been won, but really only over the last century.
So where could this positive religious freedom go in relation to women, a church could if they wished say that within the tenants of their faith
Women could not be Principles of Schools as women can not be superior to men.
Women may be denied the opportunity to teach high schools classes as boys have moved to men and women can not teach men.
Should it be found out that a women has had an abortion they could be removed from any role.
Women could be limited to nursing in hospital as that is the role of a women and not a doctor.
Women could not be the head of any religious organisation as women can not be superior to men
Women when they are married need to leave their jobs as their role is to nurture their family.
It is only in the mid 1970’s that my father could not take on a promotion because my mother would not be able to work. That was an unwritten secular rule, but those within faith communities can develop old rules that could once again be used to roll back women’s rights.
The above list might be seen by some as extreme, but they were in existence not that long ago.
The pushback on LGBTIQ people by some communities of faith is the trogon horse some religious leaders are looking for.
Mental health is a significant issue in the LGBTIQ community, not because people are LGBTIQ, but because of the way LGBTIQ people are treated in society.
I recently wrote an article for my local parish magazine. I am not sure the average Australian understand what has happened and continues to happen to the LGBTIQ community in Australia. On Richard Glovers ABC Drive radio show on Monday evening (24 June 2019) a highly educated commentator suggested that now there is marriage equality all issues are solved. As I keep telling people, marriage equality is just one of the inequalities against LGBTIQ people.
The following is what I wrote for my parish magazine. Are you willing to respond to a call to action, as Jesus did to walk with the marginalised rather than the powerful?
I recently had some conversations with several leaders within the Uniting Church about repetitive and cumulative trauma.
I have been concerned about this for some time as an issue for many in the Aboriginal community.
There are those among us and within the media that go out of their way to identify flaws or weaknesses within the Aboriginal people, and upon finding one or two individuals, entire communities are then made to feel at fault.
In my roles within the cemetery sphere, I have become far more attuned to specific cultural and faith requirements around death and interment. When working with a significant Aboriginal Land Council here in the Greater Sydney area last year, I was shocked to be confronted with the fact that the number one cause of intergenerational poverty is the cost of funerals. Trauma passes from generation to generation.
I have also been aware of the concept of ongoing trauma within the community of people who have suffered from ‘institutional child sexual abuse’. Firstly, they were abused. Then when they told someone, it is unlikely they were believed. Later (if they were brave enough to report it to the police or other authorities), they were often considered to be making up stories, or the authorities interfered to protect the institutions or individuals within them.
Later, with the Royal Commission, many had to retell their stories, provide facts to investigators, both privately and publicly when asked to take the stand. This only added to the trauma they have suffered.
Now, as cases are going through the criminal courts (even if the situation doesn’t involve a particular individual), the wall-to-wall media interest in high profile cases brings back their trauma. They are being repeatedly traumatised.
While LGBTIQ issues are very different from these issues discussed above, they have a parallel. As I journey through writing my book, I have seen the impacts of little events and problems along the way. These little things cumulate.
When I talk with people around the Israel Folau matter, there are those that say there are no consequences concerning Folau’s posts. But there are. We all know the saying ‘The straw that broke the camel’s back’. Cumulative trauma is a real issue within the LGBTIQ community.
A youth may hear a slur in the playground, or the phrase “That’s gay,” on the sporting field as a derogatory comment. If they read much of the News Corporation’s newspapers available in Australia (in Sydney, The Australian and the Daily Telegraph), they would always be reading and exposed to articles that suggest that LGBTIQ people should not be recognised and ultimately, should be disregarded. If they happen to enter many churches in Sydney, there can be outright hostility to LGBTIQ people.
I recently heard of two people from a Uniting Church here in Sydney – both cisgendered (a person whose gender identity corresponds to their biological sex at birth) and heterosexual, who happen to be employed by an Anglican Church child agency. They were told that as their Minister was gay, they would either need to leave their employment or leave their Uniting Church. They needed work so, unfortunately, they have been forced to leave their parish.
Teens see lots of negative information on social media. This becomes cumulative.
People rarely commit suicide because of one event; suicidality usually builds or cumulates from a series of events.
This is why Isreal Folau’s post was so dangerous. I contend that it was not theologically accurate, but for some young people, it is the proverbial straw.
Uniting Network, the LGBTIQ community within the Uniting Church has many aims, but the two big ones are pastoral care and theological engagement. This work is becoming a real challenge for members of the Uniting Network. Theological engagement is continuing but will now need to be ramped up to respond to the increasing commentary of non-affirming Christians in Australia and their perceived growing political power. But the Uniting Network members are tired, exhausted.
Pastoral care is now failing as we can barely care for ourselves, let alone others within our community. Repetitive and Cumulative Trauma is having its toll. The last few years have been huge for advocates, and from reading about some of the 30-year plus veteran advocates, they say the last three to five years have been the most intense in a long time.
The following is just some of my engagements over the last couple of years:
Engagement to have Parliament directly deal with marriage equality
Invovlement to stop the plebiscite on marriage quality
Campaigning for marriage quality through the postal survey. In my case, I received numerous social media nooses as threats, guns pointed to a head, and many horrendous comments such as “all LGBTIQ kids should die”
Dealt with my own homophobic attack in late 2017 connected to my sporting community
Continuing the momentum during the marriage equality debates in Parliament
Engaging with the Uniting Church Assembly process around same-gender marriage decision within the Uniting Church
Advocating during the attempts to delay the Assembly decision through a never previously used clause in the Uniting Church’s constitution
Supporting transgender people’s rights who have received inappropriate treatment by medical practitioners
Engagement around the Israel Folau issue that is now into its second year
Engagement with the secretive Ruddock Inquiry into Religious Freedom
Responding to misinformation by so many around Transgender people, across the media, some elements of the medical profession (usually driven by conservative Christian views overriding medical knowledge), and politicians, including our Prime Minister before the election
Upcoming engagement with the Australian Law Reform Commission on the Prime Minister’s referral of religious freedom to them
Meeting with Local, Federal and State MP’s on LGBTIQ issues, including HIV in our area
I am expecting an increase in hostility towards the LGBTIQ community as a result of the recent election, primarily due to the stance taken by News Corporation and the conservative Christian
Some Christian leaders and associated lobby groups who feel they are owed something from the return of the Government.
I was pleased to see that during the election, the Prime Minister announced increased funding to support mental health issues within the LGBTIQ community, as well as supporting the movement to be primarily driven by states to stop gay conversion, ex-gay, reparative therapy or similar “treatments”.
As this next three years are going to continue to require considerable advocacy by the LGBTIQ Community to retain civil rights that have been a long time coming and to continue to move for further civil rights (such as no LGBTIQ discrimination in all schools), this is the time for Allies to step up.
In what way can LGBTIQ Allies step up?
Perhaps undertake a Mental Health First Aid Course and other pastoral care courses focused on LGBTIQ issues to ensure good pastoral care of your LGBTIQ church members, family and friends.
Take time to learn more about LGBTIQ issues.
Identify areas of advocacy that may interest you around LGBTIQ issues and engage with the media, your local members, the broader church, and the wider community.
Repetitive and cumulative trauma is here within so many groups across our society – are you willing to engage?
Warning this is a long blog, as responding to short blog that may seem to be inconsequential by that author, but it needs detailed consideration, analysis and an appreciation of nuance, which unfortunately many who want to attack LGBTIQ people wish to avoid.
So, get a cup or a mug of coffee or tea, with your favourite biscuit and settle in for a read!
I propose to respond to the key challenges and issues with this article and why there are other perspectives that I personally believe is more important and more valid.
But as a refresher, I am an active Christian, with multiple
leadership roles in one of the largest Christian denominations in
Australia. And for transparency, I am
also gay. This means that I regularly
struggle for acceptance within the broader Christian community, and because of
the harm that Christians have caused to the LGBTIQ community, sometimes treated
with caution within the LGBTIQ community.
Let’s start with some broader context.
Some years ago, the Out on the Field study, one of the first and most extensive studies of homophobia in sport, it involved many countries and identified significant homophobia within the sporting community[ii].
80% of participants in the study experienced or
witnessed homophobia in sport.
75% of participants in the study believe that an
openly gay person would not be very safe as a spectator at a sporting event
34% gay of participants in the study have been
bullied, 27% of gay participants have received verbal threats, and 15% of gay
participants have been physically assaulted
70% of gay youth (under 22) believe youth sport
is not safe for gay people
I would encourage readers of this blog to read the report in
detail. A link is in the endnotes.
This follows on from years of gay bashings, LGBTIQ people suffering discrimination in all types of situations. In the Australian context, we know that LGBTIQ kids can currently be discriminated in non-Government schools in Australia, and many religious organisation are fighting for the retention of this right of discrimination, under the guise of religious freedom.
I recently had some conversations with several leaders
within my Church about repetitive and cumulative trauma.
I have been concerned about this for some time as an issue
for many in the Aboriginal community. There are those among us and within the
media that go out of their way to identify flaws or weaknesses within the
Aboriginal people, and upon finding one or two individuals, entire communities
are then made to feel at fault.
I have also been aware of the concept of ongoing trauma
within the community of people who have suffered from ‘institutional child
sexual abuse’. Firstly, they were
abused. Then when they told someone, it
is unlikely they were believed. Later
(if they were brave enough to report it to the police or other authorities),
they were often considered to be making up stories, or the authorities
interfered to protect the institutions or individuals within them.
Later, with the Royal Commission, many had to retell their
stories, provide facts to investigators, both privately and publicly when asked
to take the stand. This only added to the trauma they have suffered.
Now, as cases are going through the criminal courts (even if
the situation doesn’t involve a particular individual), the wall-to-wall media
interest in high profile cases brings back their trauma. They are being repeatedly traumatised.
While LGBTIQ issues are very different from these issues
discussed above, they have a parallel.
As I journey through writing my book coming out early next year, “A
Journey Towards Acceptance – an evolving memoir”, I have seen the impacts of
little events and challenges along the way.
These little things cumulate.
When I talk with people around the Israel Folau matter,
there are those that say there are no consequences concerning Folau’s
posts. But there are. We all know the saying ‘The straw that broke
the camel’s back’. Cumulative trauma is a real issue within the LGBTIQ
The last few years have been huge for LGBTIQ advocates, and
from reading about some of the 30-year plus veteran advocates, they say the
previous three to five years have been the most intense in a long time. In just the recent few years my own
Engagement to have Parliament directly deal with
Commitment to stop the plebiscite on marriage
Campaigning for marriage quality through the
postal survey. In my case, I received numerous social media nooses as threats,
and many other horrendous comments such as “all LGBTIQ kids should die”
Dealt with my own homophobic attack in late 2017
Continuing the momentum during the marriage
equality debates in Parliament
Engaging with the Church process around
same-gender marriage decision
Advocating during the attempts to delay the
Assembly decision through a clause in the Church’s constitution never used
Supporting transgender people’s rights who have
received inappropriate treatment by medical practitioners
Engagement around the Israel Folau issue that is
now into its second year
Engagement with the secretive Ruddock Inquiry
into Religious Freedom
Responding to misinformation by so many around
Transgender people, across the media, some elements of the medical profession
(usually driven by conservative Christian views overriding medical knowledge),
and politicians, including our Prime Minister before the election
Upcoming engagement with the Australian Law
Reform Commission on the Prime Minister’s referral of religious freedom to them
Meeting with Local, Federal and State MP’s on
LGBTIQ issues, including HIV in our area
Post the 2019 Federal election I am seeing an
increase in hostility towards the LGBTIQ community as a result of the recent
election, primarily due to the stance taken by News Corporation and the
conservative Christian Churches and associated lobby groups who feel they are
owed something from the return of the Government.
So, this is some of the context that brings me to the
writing of this particular blog. I have
selected some quotes from the blog, and offer an alternative perspective that I
believe better meets the sporting arena and also a Christian reflection.
“It has been reported today that Israel Folau wants
to play Rugby for Australia again, and he is willing to allow vetting of his
social media posts. He is also willing to seek expert guidance on using social
media to express his Christian views. Rugby Australia, there is your window.“.
It is always challenging to comment upon “it is reported”
without actually providing a reference.
The Australian reported on 2 June 2019[iii]
that “Israel Folau was set to accept a deal with Rugby Australia that would
have saved his job until his father intervened to stop him, according to a
report out today.”
Folau first fell foul of his social media roughly 12 months
earlier than this current incident that led to his contract being
terminated. Surely, he should have taken
on the process of social media education after Rugby Australia provided him
with a lifeline from that earlier incident.
He was provided with a window, and he decided to smash it.
“You have made a mountain out of a molehill. Israel
was writing to those who chose to follow him on social media. They chose.”
This is one of the most egregious points in this article and
shows a lack of understanding of social media and its reach.
Many young people follow their stars from a very young
age. What we know from research that
from around the age of 10 is the age of development of sexual attraction and
Therefore, a young person may be following their idol not
being fully aware of their sexual orientation, and then as that awareness
develops, they are still pursuing their hero, who then posts messages of
I know that Christians like Folau sincerely believe that
they are loving homosexuals by telling them unless they repent, they are going
to Hell, and unfortunately, there are many that support of his position. However, this is why LGBITQ teenagers are
significantly over-represented as homeless people, why LGBTIQ people attempt
self-harm and suicide many multiple times more than compared to their
peers. The Folau comments are not
“love”, they are based, in my opinion, on a prejudice that is not substantially
supported through Biblical enquiry, nor following the principles of the key
person they purport to represent, Jesus Christ.
The issue is that a post like Folou’s may be unlikely that
this is the first and only message that may cause a suicidal event (but it is
possible), but it may well be the proverbial straw that breaks the camel’s
back, leading to suicide.
When LGBTIQ have suffered, and continue to suffer abuse, you
don’t know whether your minor comment can cause a catastrophic effect. Folau’s post was not a minor comment, but the
continuation of misuse of the Bible and a history of Christian attacks on the
Even the Liberal Government recognised in the last Federal Election
that there are significant mental health issues in the LGBTIQ community. These mental health issues are not because people
are LGBTIQ, but as a result of the response of others towards LGBTIQ people.
“What is more, you know it wasn’t hate speech. It was a
warning based on what he believes is the truth and it was motivated by love.
You’ve seen enough hate speech to know the difference.”
I wonder if the author has ever experienced actual hate
speech. They may well have, but if they
had, I am surprised they would make this comment.
I have suffered hate speech, I have been racially abused,
which may seem strange given that I am a white male Australian. The tribunal dealing with the matter was
following the protocols used in these type matters.
The accused in the hearing kept saying it wasn’t hate
speech, but I, as the recipient of the hate speech, knew and felt it was hate
It is a common position of conservative Christians in their
interaction with LGBTIQ people that their comments, no matter how
inappropriate, no matter how theologically dubious they are, if you add the
clause “the comments were made in love”, all is alright.
When you are telling anyone that they are going to Hell
simply because of the way they were born is abuse. The more subtle abuse is to say being LGBTIQ
is not sinful, but acting on your natural sexuality is. God doesn’t call people to celibacy, it is acknowledged
it is a very hard calling and only a few are called, there is no blanket call to
celibacy for a class of people in society.
Imagine you are a 15-year-old person, perhaps even playing
in your school or local rugby club, coming to acceptance of your sexual
orientation, knowing that others will cause you grief, and then your idol tells
you that you are going to Hell? That is
not a great scenario for any young person.
Yes, I’ve seen hate speech, both hate speech towards LGBTIQ
people and myself, and other forms of hate speech, and the Folau social media
post meets that threshold.
Most concerning is that if this author is a Chaplain, I am very
concerned about their capability to provide adequate pastoral care to people
who are “others” in our society, if they seriously maintain that Folau’s
comments are not a form of hate speech.
“Rugby Australia, you are alienating so much of your
player base and your supporter base. Where would we be without our Polynesian
brothers and sisters? Where would we be without our Catholic, Anglican, and
other church school teams?”
There is much to talk about theology and its understanding
across all our communities. In my
business life, church life and theological education, when I have provided a
different theological interpretation that makes sense, most people respond, why
haven’t I heard this?
That’s because many religious leaders will only provide
their congregations with a view that suits their theology, rather than having
the strength of their own understanding to explore with their congregants a
wide variety of interpretations to develop their own robust theology.
As we research cultural history, we understand that in so
many countries and cultures, LGBTIQ people were accepted, and the English
colonisation and its Victorian perspectives on sexuality and associate laws
removed the acceptance of LGBTIQ people.
As a significant number of Western countries have recognised that damage
imposed on LGBTIQ people by laws and societal attitudes, unfortunately, many of
the colonies are only starting to follow these reforms.
Most people in Australia would be shocked to learn that the
first time the word homosexual appeared in the English versions of the Bible
was in the Revised Standard Version in 1946.
More concerningly is that research that has been underway for the last
several years on the translation of the RSV and the subsequent NIV Bible is
indicating that no serious academic translation work was undertaken around its
introduction. This research project is
expected to be published in the USA later this year. Some have argued that the translation of
“arsenokoitai” and “malakos”, as one-word “homosexual” was driven through a
cultural lens and an ideological construct rather than detailed academic and
So, the word homosexual hasn’t been a lifelong word in the
English translations of the Bible.
If we look the various translations of Folau’s selected
versions, the New Revised Standard Version uses “male prostitutes”, the New
Living Translation also uses “male prostitutes”, but then adds “or practice
homosexuality”, the King James Version uses “nor effeminate, nor abuses of
themselves with mankind”, and the NIV translates as “nor men who have sex with
men.” We clearly have translational
issues. Do we use a version of the Bible
that fits our cultural and ideological perspective?
So how do we move forward with this? We can take a literal view, and rely on our
preferred translation of the Bible, for a construct we wish to achieve, but
unfortunately, this leads to issues around consistency. Remember, that the Bible was used forcefully
to justify the continuation of slavery in the United States of America, the
country from which much of the evangelical Christian thought emerges. The Bible is still used to exclude women from
leadership roles in the Christian Church, even here in Sydney right now.
The Bible was part of the justification for the taking of
Aboriginal people in Australia from their homes and culture into the Missions,
destroying their culture, hope and spirituality.
Is there an alternative?
I tend to follow the Biblical interpretation method of trying to
understand the Bible through an understanding of the text, the culture and
context of the time, and what history might tell us. Being a member of the Uniting Church, our
Basis of Union calls us to “enter into the inheritance of literary, historical
and scientific enquiry”.
I contend that Paul’s world at the time, Rome, Corinth,
there certainly was a significant level of sexual immorality. Sexual exploitation, and in particular in the
context of the Folau references, the practice of pederasty, men were
maintaining young boys for sex. What is
also important from a literary inquiry perspective is there is very little in
the subsequent literature around the word “arsenokoitai” to help translators
understand its use, context and meaning.
There are equal reasons to surmise that “arsenokoitai” may be more
connected to economic sexual exploitation.
Peeling this back further, there are only 6 verses out of
some 31,100 verses in the Bible that some people use to condemn homosexual
people. However, if this is considered
through the lens I am offering, they do not refer to homosexual relationships
as we understand them today. This is
where our understanding of homosexuality (our medical and scientific knowledge)
comes into play. I would suggest that
homosexual people have been in existence since the beginning of humankind, and
why would God create people only for the purpose of condemning them to Hell?
The arguments for LGBTIQ exclusion are not strongly
supported in the Bible. What is strongly
encouraged is the concept of Love, which is mentioned in the NRSV 601 times,
NIV 590 times and the King James only 310 times.
Australia and Rugby have benefited from our Christian
Schools, however, when Chaplains at a Christian school in Sydney within the
last 20-30 years tells LGBTIQ kids to commit suicide so they don’t infect other
children at drag them into Hell, you have to ask is that firstly appropriate, secondly
does this attitude represent Jesus Christ, and finally it adds to homophobia in
sport discussed earlier?
The New Testament, the books pointing to God through Jesus,
is summarised in two principles “Love God and Love one another”.
“You have painted Izzy into a corner.”
This is false victim narrative. The religious conservative movement in
Australia, since the Marriage Equality process have tried to claim the victim
position, often not telling the truth in the process. The current religion freedom (which I call
privilege) debate post the Australian 2019 Federal Election is trying to build
a narrative that Christians in Australia are suddenly being threatened, abused
and oppressed, none of which is true.
What is happening is that communities of faith that have
historically had their position accepted without challenge are now having to
present and justify their place in society, and with a more informed society,
the faith demand for acceptance of their position is not automatically being
accepted. That is not abuse nor
“You demanded that he take down a post. That seems
reasonable, but you haven’t attempted to walk in his shoes.”
This is potentially the second most egregious comment in the
article, may I suggest that Folau and the author actually walk in the shoes in
the LGBTIQ community and also LGBTIQ Christians. When they are walked in those shoes then we
can revisit this comment.
I refer readers to my earlier blog article on the man born
blind and the shoes that Jesus actually asks us to consider (and spoiler alert
this passage is not about healing)
“Take the opportunity to forge a new future for
religious and cultural liaison in Rugby. Lead well. Show some grace.”
This one area that I agree, but not in the way I suspect
that the author intended. When Folau’s
first anti-LGBITQ tweet came out I tried to connect with Folau on Twitter
asking that he and some of his friends and that some of my LGBTIQ Christian friends
and I sit down and talk. Maybe together
on a Tongan mat. Unfortunately, I was
I am not sure that it is Rugby Australia needs to show
grace. Rugby Union understands the
issues of abuse of LGBTIQ people and is one of the launch national sporting
bodies of Pride in Sport, intending to reduce homophobia and transphobia in
Folau would have been well aware of Rugby Australia
involvement and support of these initiatives.
Folau breached the code of conduct earlier and was given
another chance. I know the Bible encourages
us to forgive our fellows seven times seven but does Folau have some
responsibilities in this issue.
He has been provided grace.
He chose to reject that grace.
In rejecting that grace, he again has put the lives of
LGBTIQ people at risk.
Freedom of conscience, freedom of speech, freedom of
religion does come with responsibility, it does come with consequences.
I contend that the author of this article and Folau need to
engage in a religious and cultural liaison with LGBTIQ Christians and people in
the LGBTIQ community gracefully and show grace in that direction.