No Homophobia No Exceptions Facebook Page

As I have written previously, I strongly believe that, long after marriage equality has been won in Australia, we, the members of the LGBTI community, will still be fighting for the right not to be discriminated against, in public life, by religious organisations (see: https://alastairlawrie.net/2014/02/26/the-last-major-battle-for-gay-lesbian-legal-equality-in-australia-wont-be-about-marriage/).

The campaign to remove the special rights which are given to religious organisations to discriminate against us in health, education, community services and elsewhere will be a long one – and we will not win it unless we start taking action now.

As part of that much larger battle, today I have started my own small Facebook page, called No Homophobia No Exceptions, with the aim of drawing attention to this issue and, where possible, to campaign for an end to religious exceptions in Commonwealth, state and territory anti-discrimination laws.

If you support this campaign, I encourage you to like the page: https://www.facebook.com/lgbtiantidiscrimination I have also included below the short, and long, description of the page for your information.

NHNE profile pic

Short Description

Online campaign for the removal of religious exceptions to LGBTI anti-discrimination laws.

Long Description

No Homophobia No Exceptions is a page dedicated to fighting against homophobia, biphobia, transphobia and intersexphobia.

Its primary goal is the removal of exceptions to anti-discrimination laws, including the Commonwealth Sex Discrimination Act 1984 and NSW Anti-Discrimination Act 1977, which allow religious organisations to discriminate against members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

No Homophobia No Exceptions also supports broader law reform to ensure that all members of the LGBTI community have access to anti-discrimination protections (for example, intersex status is only covered federally and in Tasmania, Western Australian legislation only includes trans people who have had gender reassignment, and NSW law excludes bisexual people).

It also supports the introduction of comprehensive anti-vilification protections for the LGBTI community (currently, only four Australian jurisdictions include some form of LGBTI vilification laws, and most only apply to some sections of the community).

Finally, No Homophobia No Exceptions recognises that the fight against homophobia, biphobia, transphobia and intersexphobia will not be won with legislation alone. As a result, this page aims to shine a light on examples of discrimination against the LGBTI community, both to campaign for them to be redressed, and as part of the wider cultural movement for LGBTI equality and acceptance.

#NoHomophobiaNoExceptions

If you support this campaign, please like: https://www.facebook.com/lgbtiantidiscrimination Thanks, Alastair

Dear Joe Hockey, $245 million for School Chaplains? You Cannot be Serious

Just over a month ago I wrote to you arguing that, if you were serious about cutting Commonwealth expenditure, you must axe the National School Chaplaincy Program. (link: <https://alastairlawrie.net/2014/04/12/dear-joe-hockey-if-youre-serious-about-cutting-expenditure-you-must-axe-school-chaplains/ )

This program is a completely unjustifiable breach of the principle of the separation of church and state, supporting the appointment of people whose primary ‘qualification’ is their religion to positions in secular, government-run schools. It is also ineffective, with little or no evidence that employing chaplains benefits students overall (especially when compared with appointing properly-trained and qualified student welfare workers or counsellors).

Above all, with the National School Chaplaincy Program costing more than $50 million each and every year, this initiative is the epitome of waste. $50 million per year may not have seemed like a huge spend when it was first introduced (as Howard and Costello bathed in the rivers of cash flowing into the treasury coffers) but, in a post-GFC world, when the revenue stream has well and truly dried up, the largesse of this scheme is apparent.

Since I wrote to you, the final report of the National Commission of Audit has been released, and, much to my surprise, they recognised both the extravagance of, and lack of policy rationale for, this scheme, recommending that it be abolished. Even your hand-picked, right-wing Audit warriors thought funding school chaplains could not be justified.

So, when you rose to your feet to deliver the Budget on Tuesday night, the pressure was on you: were you in fact serious about cutting expenditure, including abolishing wasteful and ineffective programs irrespective of which side of politics had introduced them, or did balancing the Budget not matter as much as supporting narrow, ideological interests?

Alas, in the Budget papers, we the Australian public quickly discovered that, despite all the talk of ‘fiscal responsibility’ and ‘repairing the Budget’, you nevertheless had chosen to provide $245 million to the National School Chaplaincy Program, to continue its operation from 1 January 2015 to the end of 2018.

That decision in and of itself was terrible, but it is made worse, by several orders of magnitude, when it is contrasted with some of the other decisions contained in the Budget, including:

  • The introduction of a $7 co-payment for visiting a doctor, as well as a $5 increase in the cost of prescriptions through the Pharmaceutical Benefits Scheme;
  • A $7.9 billion cut in the foreign aid budget over the next 5 years;
  • A $500 million cut to expenditure on indigenous programs over the next 5 years (this under the ‘Prime Minister for Indigenous affairs’);
  • A rise in the pension age from 67 to 70 (phased in to 2035), as well as a reduction in future pension increases;
  • An increase in university fees, with loans to be charged at much higher interest rates and the repayment threshold significantly lowered; and
  • The introduction of a 6-month wait for access to unemployment benefits for people under 30 (and even then, payment at a reduced rate).

That list sounds like a ‘Tea Party’ inspired re-imagining of The New Colossus: “Give me your tired, your (global) poor, your sick, your Aboriginal, your elderly, your young, your students and your unemployed, and we will make them pay.” When you spoke of ‘sharing the burden’, it seems like you almost went out of your way to ensure that the burden was shared, disproportionately, by the most vulnerable.

In that context, it looks more than bizarre that one of the main groups who do not have to experience any Budget pain are school chaplains. The decision to give them almost a quarter of a billion dollars doesn’t even make sense when looked at exclusively in the context of the Education Budget.

The $245 million provided to the National School Chaplaincy Program is the single biggest spending initiative in the budget for schools, which implies that it is the Abbott Government’s biggest school-related priority for its first year in office. This funding also stands in marked contrast to the decision not to provide any additional funding for students with disabilities, despite that being a major pre-election commitment.

Do you really think that subsidising chaplains is more important than funding students with disabilities, or indeed funding anything else to do with schools?

The worst part is that the decision to refund the School Chaplaincy program is not even the worst part about this announcement.

In Tuesday night’s media release (“Keeping our Commitments: Funding a National School Chaplaincy Program”, issued by Senator the Hon Scott Ryan, the Parliamentary for Education) the Government stated that “[t]he renewed programme will be returned to its original intent; to provide funding for school chaplains.”

As made clear, in supporting documentation and subsequent media coverage, this means that, from 1 January next year, only religious appointees, from ‘recognised denominations’, need apply.

This is a return to the Howard Government designed scheme from 2007, and abolishes the only redeeming feature of the entire program – which was the 2012 amendment, made by then Education Ministers the Hon Peter Garrett MP, to allow schools the choice to employ secular student welfare workers rather than chaplains.

In doing away with qualified student welfare workers, you have also removed the only fig-leaf of credibility which (partially) covered up the nakedly-ideological, and evidence-free, nature of the overall scheme.

It is impossible for you, and the Commonwealth Government in general, to claim that the National School Chaplaincy Program is genuinely about improving the welfare of students, when you are explicitly denying schools the opportunity to employ the best people for the job.

In the absence of any student welfare-based rationale, everyone can now see that the decision to provide new funding to the National School Chaplaincy Program is, at its core, a joke. The changes to the scheme’s rules, which mean that all 2,900 people employed under the scheme must be religious appointees, and cannot be secular student welfare workers, make it a bad joke at that.

But maybe we only see it as a bad joke because the joke is on us. After all, we the taxpayers are the ones footing the $245 million bill to allow chaplains and other religious office-holders inappropriate access to the schoolyard, and the classroom.

There are, of course, others who are laughing at our expense: the religious organisations who have their ‘outreach’ work to young impressionable minds publicly-subsidised; the religious fundamentalists in the Liberal-National Government (and, it must be said, some in the ALP Opposition) who believe it is the role of Government to ensure Australia is a ‘Christian nation’; and the major churches who want to break down, once and for all, the already fragile separation of church and state in this country.

The group laughing hardest, though, must be the Australian Christian Lobby, because this is your, and Prime Minister Tony Abbott’s, extravagant, quarter of a billion dollar gift to them. It must gladden your heart that, in his post-Budget media release (where it should be acknowledged he at least made the effort to criticise the overall impact of Budget cuts on the poor and disadvantaged) ACL Managing Director Lyle Shelton still found time to be thankful for the Chaplaincy Program. As an aside: Lyle, if you are genuinely concerned about cuts to foreign aid, maybe you should by lobbying for that $245 million to go overseas instead.

So, when you stood up on Tuesday night and said that ‘we are a nation of lifters, not leaners’, it was, like so much of what you said, just empty rhetoric. Because, as you have so amply demonstrated through this single, fundamentally wasteful decision, groups like the Australian Christian Lobby can always lean on you.

Of course, funding the National School Chaplaincy Program for another four years, and even changing its rules, probably wasn’t the worst decision contained in the Federal Budget. It definitely isn’t the decision that will cause the most harm to struggling individuals, both here and overseas (the list of other changes outlined above will likely all have far more deleterious consequences than simply putting 2,900 religious appointees in schools).

But the decision to award $245 million to this scheme reveals, probably more than any other choice made by you and the other members of the Expenditure Review Committee, just how twisted the Budget priorities of this Government really are. In amongst the carnage of savage cuts to health, to education, to the pension and to foreign aid, you and your colleagues nevertheless found room in your hearts, and our wallets, to fund the National School Chaplaincy Program.

The role of the nation’s Treasurer is a serious one, bringing with it solemn responsibilities. You are supposed to tax wisely, spend fairly, look after the most vulnerable and invest for our collective future. In your first Budget, you instead chose to hurt some of those who are the most disadvantaged, while still helping your – ideological and political – friends. I am sorry to say, Mr Hockey, but on May 13, you failed to live up to the serious responsibilities of Treasurer.

Treasurer Joe Hockey, not serious about cutting wasteful programs like school chaplains. Is serious about granting the wishes of groups like the ACL. (image source: news.com.au)

Treasurer Joe Hockey, not serious about cutting wasteful programs like school chaplains. Is serious about granting the wishes of groups like the ACL (image source: news.com.au).

Dear Joe Hockey, If you’re serious about cutting expenditure, you must axe school chaplains

As promised during the 2013 federal election campaign, one of the first actions of the Tony Abbott-led Liberal-National Government was to establish a National Commission of Audit, to review all Commonwealth expenditure in an effort to reduce spending and ultimately deliver a Budget surplus.

Indeed, the Terms of Reference for the Commission of Audit described it as a “full-scale review of the activities of the Commonwealth government to:

-ensure taxpayers are receiving value-for-money from each dollar spent;

-eliminate wasteful spending; …

-identify areas or programs where Commonwealth involvement is inappropriate…” [among other objectives].

The Commission’s first report was delivered to the Treasurer, Joe Hockey, in mid-February, and the second was handed over at the end of March. The contents of both reports were, quite cynically, kept from the public ahead of the Western Australian half-Senate election on 5 April (because you wouldn’t want an electorate to actually be informed about impending spending cuts before they vote), although, with only one month left until the Federal Budget is handed down it’s highly likely they will be released in the next week or two.

It is expected that the Commission will recommended that the axe fall on (or at least make significant cuts to) a wide range of different programs, with apparently ‘authorised’ leaks focusing on things like the aged pension, Medicare (through a $6 co-payment) and other vital health, education and welfare services.

However, there is one program that, I believe, meets all of the above criteria and thoroughly deserves to be cut as part of any serious expenditure review: the National School Chaplaincy and Student Welfare Program. It is almost impossible to argue that putting ministers of religion into government schools could ever be value-for-money, when compared with almost any other government expense. As well as being enormously wasteful spending, it would also seem to be the definition of a program where Commonwealth involvement is inappropriate.

And yet, given the highly political nature of the Commission of Audit, I suspect it is unlikely the National School Chaplaincy Program is under any real threat. Even if the Commission were to recommend its abolition, it is hard to believe that Joe Hockey would actually follow through on any such advice when he rises to the dispatch box on the night of Tuesday 13 May.

More’s the pity. The National School Chaplaincy Program is amongst the worst examples of public policy over the past decade (and there have been some absolute shockers in that time). It was introduced by John Howard in the dying days of his government (2007), as he realised his grip on power was loosening with age – basically, it was a sop to ultra-conservatives and religious fundamentalists (both of which can be found in the form of the Australian Christian Lobby) to entice them to remain aboard his sinking electoral ship.

Alas, in a demonstration that poor policy, and religious pork-barrelling, can be bipartisan, the incoming Prime Minister, Kevin Rudd, maintained the National Schools Chaplaincy Program throughout his first stint in the Lodge. When it came time to review the first three years of its operation, frustratingly he and his then Deputy, Education Minister Julia Gillard, chose to continue, rather than close, the program.

As Prime Minister in the lead-up to the 2010 poll, Gillard then announced a $222 million extension of the program til the end of this year (2014). This money was also provided to allow for expansion of the scheme’s coverage, from 2,700 schools up to 3,550 schools.

The only figure that accomplished anything to at least partially mitigate the genuine awfulness of the National Schools Chaplaincy Program over the past seven years was Education Minister Peter Garrett, who changed the program guidelines from the start of 2012 to allow schools to choose between chaplains or qualified student counsellors (hence the revised name). He also attempted to introduce a requirement that all workers, including chaplains, have some level of relevant qualifications, although recognition of ‘prior learning’ on the job was also encouraged.

Nevertheless, the vast majority of people employed as a result of this scheme remain ministers of religion. Imagine that: in 2014, the Commonwealth Government provides up to $24,000 per year to more than three and a half thousand schools to subsidise the employment of someone whose primary ‘qualification’, indeed whose primary vocation full stop, is to proselytise.

Ironically, the National School Chaplaincy and Student Welfare Program Guidelines then go to great lengths to attempt to limit the ability of chaplains to proselytise or evangelise from their position of authority within the school community, which is about as useful as telling a tree to stop growing leaves (or telling Cory Bernardi to stop being a bigot). It seems like the apotheosis of a set of rules where adherence, rather than breach, will be the exception.

The Guidelines themselves are also full of loopholes, allowing chaplains to “provid[e] services with a spiritual content (excluding religious education) including facilitating discussion groups and lunch time clubs” with approval and consent, as well as “performing religious services/rites (such as worship or prayer during school assembly etc), with… appropriate prior consent”.

This is an obvious and serious contravention of the principle of the separation of church and state. In the United States, such a program – paying for men (and some women) of faith to introduce their religion into government schools – would be struck out as unconstitutional by their Supreme Court.

Sadly, the anaemic interpretation of section 116 of the Constitution adopted by the High Court of Australia in the “DOGS case” [Attorney-General (Vic); Ex Rel Black v Commonwealth [1981] HCA 2; (1981) 146 CLR 559 (2 February 1981)] meant that it was never going to be struck down here, or at least not on those grounds.

Even after the program was successfully challenged by Toowoomba father, and man of principle, Ron Williams in 2012, with the High Court finding that the scheme did not have a legislative basis to appropriate money, the Government squibbed the ideal chance to abandon a flawed program and instead rushed through legislation to support its ongoing operation [as an aside, the High Court will be hearing a further challenge from Mr Williams, on May 6-8 2014, that the rushed omnibus Bill was itself unconstitutional].

And even if the National School Chaplaincy Program is ultimately found to be constitutional, there is still absolutely zero evidence that it is effective at improving the overall welfare of students.

If any of the Howard, Rudd, Gillard, Rudd (again) or now Abbott Governments genuinely considered that student welfare was a matter of priority, they would properly fund, rather than part subsidise, actual student counsellors or social workers to perform that function in every school, not implement a scheme where cashed-up churches could target individual cash-starved schools and offer the ‘services’ of ministers of religion, essentially as a backdoor way of indoctrinating a fresh generation of children.

There are ways in which the introduction of ministers of religion into schools can lead to direct harm too, not least of which being the issue of potential child sex abuse. In fact, at the same time as the hearings of the Royal Commission into Institutional Responses to Child Sex Abuse, the Government continues to encourage the employment of ministers of religion in public schools, with a code of conduct that allows them to have physical contact with students because “there may be some circumstances where physical contact may be appropriate such as where the student is injured or distraught”. [NB Obviously I am not saying that most, or even many, school chaplains are child sex abusers, but it seems unnecessary, and unnecessarily risky, to bring in people from institutions with a long history of covering-up such abuse and placing them in positions of trust in public schools.]

In addition, some (although obviously not all) ministers of religion also present a clear and present danger to young lesbian, gay, bisexual, transgender and intersex (LGBTI) students, given the blatant homophobia adopted by particular churches and their officials. This threat is explicitly acknowledged by the Guidelines, which in response attempts to prohibit discriminatory behaviour on the basis of sexuality (although it doesn’t appear as though either gender identity or intersex status are mentioned at all).

In the same way as the prohibition on ‘proselytising’ described above, however, it is inevitable that there will be some ministers of religion, in some schools, who deliberately flout those rules, and in the process cause untold harm to young LGBTI students.

In short, the National Schools Chaplaincy Program is philosophically unsound, has no evidence that it benefits student welfare, is expensive, potentially causes harm and is clearly an inappropriate activity to be funded through taxpayers’ money. Surely, out of all of the programs funded by the Commonwealth, across almost all areas, it should be at or near the top of any Commission of Audit ‘hit-list’.

Even if the Commission of Audit abrogates its basic responsibility to recommend that the National School Chaplaincy Program be axed, Treasurer Joe Hockey will still have to make a decision on the future of the program as part of the 2014-15 Budget, because, as noted earlier, funding for the scheme runs out at the end of this year.

What action Joe Hockey takes on this will reveal a great deal about what kind of Treasurer he intends to be. Of all the incoming Abbott Ministers, Hockey has been the loudest in condemning middle-class welfare, in arguing that the role of Government must be smaller, and that inappropriate or unjustifiable programs should be cut.

Well, here is an ideal opportunity to live up to at least some of that rhetoric, savings upwards of $222 million in the process (that’s the equivalent of one and a half $6 GP co-payments for every person in Australia). If he does so on 13 May, then he should be applauded for it (noting of course that there might, just might, be some other things in the Budget that warrant a somewhat different response).

If Hockey fails to rise to the occasion, and extends or even expands funding for ministers of religion in our public schools, then it will show that he is not serious at all about reining in inappropriate spending, and does not believe in small Government – instead, it will simply demonstrate that he believes in big government of a different kind, one that takes money from genuine welfare programs and places it in the hands of ministers of religion for the propagation of their beliefs.

So, now it’s over to you Joe: would you rather take money from people who simply want to see their doctor via a bulk-billed appointment, or from a program which funds the placement of ministers of religion into our public schools? I know which one I would choose. I guess we’ll find out on Budget night which one you do.

Loaded Dog Piece on Ethics Classes

So, I have decided that I need to write more regularly, and will now be submitting pieces for the SMH Loaded Dog column on a semi-regular basis. I am not really concerned about whether they are published or not, it is more the frequency of writing, and the skill requird to convey an argument in 150 words or less (or at least to try and convey an argument). It also has the advantage of being able to comment on matters of public debate or interest. Anyway, here is what I submitted last week on ther topic: Shoud ethics classes be for all?

Ethics classes should be taught in all schools, religious and non-religious alike. All students, whether they believe in god(s) or not, would benefit from considering different ethical perspectives to the issues they will confront in everyday life as they grow older.

Of course, to accommodate ethics room must be made in the curriculum – and the most ethical decision would be to remove direct religious instruction, which has no place in a school system designed to serve the needs of a diverse and pluralistic society.

Despite this, no-one genuinely expects ethics classes to replace religious instruction, in part because of the power of the religious lobby in Australian democracy. Ironically, watching how that lobby uses (or, more accurately, abuses) their influence is one of the best justifications of the need for ethics classes in the first place.