Religious schools like The Illawarra Grammar School may have the right to discriminate based on their faith, but that doesn't mean they should, an ethics expert says.
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The Wollongong private school is facing backlash from its parent body, over a rule that requires the next principal to sign a statement saying marriage is only between a man and a woman.
Current principal, Judi Nealy, will step down, so her successor will be required to sign the statement that includes a relatively new clause rejecting same-sex marriage, which was brought in as a requirement for school run by the Anglican Diocese of Sydney in 2019.
Last week, the Parents and Friends Association passed a motion saying they were not supportive of the new school leader signing the statement, and one family has withdrawn their daughter from the school.
Executive Director of The Ethics Centre Dr Simon Longstaff said the school had a number of ethical questions to consider as it deals with the issue.
He said, while it may be legal and in some senses reasonable, for a religious school to employ people in leadership roles who share its faith, it was worth taking into account foreseeable, if unintended, consequences that might flow from the requirement for a principal to sign such a statement.
"I think it is reasonable that a faith based school be able to employ, among its leadership, people who share the central tenets of its faith," he said.
"But whether or not they need to sign a prescribed declaration in order to prove their commitment is a different question."
Dr Longstaff also said just because religious organisations "have a right to discriminate does not mean that they necessarily should always exercise that right".
He questioned why the school would wish prescribe a statement that explicitly invalidates the lawful relationships of some members of the community - including those who count themselves amongst the Christian faithful but who do not agree with the Anglican Diocese of Sydney's interpretation of Scripture.
"One can only wonder if the Anglicans who control this school would actually prefer that nobody work for or attend the school unless they conform to its beliefs," he said.
"If that is the case, then they should at least be clear about this. Better that than pretend to welcome all.
"But if the Church does prefer to exclude those with 'unorthodox' beliefs or lifestyles, then in what sense should the general public be subsidising the promotion of religious belief directed to a self-selecting minority of citizens?"
After parents raised the issue, chair of TIGS council Professor Anthony Okely was at pains to point out that the school has an inclusive and diverse community and is open to all.
He said the signing of the Statement of Personal Faith by the principal was required by the Synod Governance Policy of the Anglican Church in the Diocese of Sydney, and was therefore also a requirement of TIGS constitution.
"The school is diverse and inclusive with an open enrolment policy which means all students are welcome at TIGS," Prof Okely said.
"We value each individual and have a strong ethic towards inclusion, support and proactive education. We are committed to continuing this at the School under a new principal. TIGS cares for and protects every student and does not tolerate any form of discrimination or harassment."
In this case, Dr Longstaff questioned why - if the principal's stance on marriage was not going to be acted upon - there was the need to have a statement signed at all.
"Is the [diocese] asking for someone simply to go through a mere performance making declarations that are intended to have no practical effect?" he asked.
"To demand that a Principal sign a prescribed declaration of belief and then not act on it is to require them to model a gross form of hypocrisy. And what kind of message is that to be sending to students and the wider community?"
"The members of the School Council may wish to run an inclusive school. But how does that align with the statement that those who are married in the eyes of the law are not 'really married' at all. That is what the Principal is required to affirm. Such an affirmation might be many things - but it's not inclusive.
He said parents should ask the school to disclose what practical implications the signing of this statement will have for "the conduct of the school and its relationship to the community?"
"If the answer comes back that it will have no practical implications, then they should ask someone to explain the point of the statement!"
How other schools have dealt with the issue
TIGS is not the first school to have to grapple with a push by the Anglican Sydney Diocese to force new leaders to pledge their opposition to same-sex marriage.
Last year, Sydney's St Catherine's dealt with the same issue, with parents and member of that school community expressing similar concerns to those now raised by TIGS parents.
Parents at the Waverley school, which like TIGS is one of more than 30 schools in the Anglican Church Sydney Diocese, last year became one of the the first to ask their school council to drop the requirement that their new principal sign a Statement of Personal Faith that says marriage is between a man and a woman.
As an intermediate solution, the Sydney school brought a former principal of another Anglican school out of retirement to be its interim head for two years, who as a temporary principal, would not be required to sign the statement of faith.
The Wollongong private school is now investigating its options as it also seeks to overcome the gap between the hiring directive from the conservative diocese and its more liberal school community.
Asked whether the school may consider an interim option, Prof Okley said "as consultations and dialogue with stakeholders are currently in progress, it is not appropriate for us to provide further comments at this time".
A TIGS parent in a same-sex relationship raised the issue at the Parents and Friends Association meeting last week, highlighting that the belief marriage can only apply to heterosexual couples is now outside of the mainstream view held in the Illawarra and Australia.
"I think most TIGS parents believe the school should always seek to be a part of the mainstream Australian community, but the Statement of Faith as it is currently written is not consistent with the law of Australia which does allow for marriage between people of the same sex," the letter said.
"Asking the Principal to sign an agreement that states that there is only one kind of marriage puts the principal and the school outside the laws, values and beliefs of mainstream Australia and the local Illawarra community from which the School seeks to attract students and in which it plays a leadership role."
They noted that the Yes vote in the 2017 same-sex marriage vote in the Cunningham electorate was 65% and in Whitlam it was 62%.
Australia's Sex Discrimination Act bans discrimination on sexual orientation, gender identity, marital or relationship status or pregnancy but provides religious schools an exemption, allowing them to discriminate against students and hire or fire staff based on their sexual orientation.
In the 2022 election, Prime Minister Anthony Albanese promised to "protect teachers from discrimination at work, while maintaining the right of religious schools to preference people of their faith in the selection of staff".
The Australian Law Reform Commission is currently conducting an inquiry on religious educational institutions and is due to make a final report to the Attorney-General in December.
Kate McIlwain
For more than a decade, I've helped the Illawarra Mercury set the news agenda across the region. Currently I'm the paper's health reporter - covering the stories of Illawarra workers and residents in the wake of a global pandemic and at a time where our health systems are stretched to the limit.
For more than a decade, I've helped the Illawarra Mercury set the news agenda across the region. Currently I'm the paper's health reporter - covering the stories of Illawarra workers and residents in the wake of a global pandemic and at a time where our health systems are stretched to the limit.
