IEU condemns “destructive” comments by Tasmanian Catholic leaders

The IEU has expressed its dismay at “destructive” comments made by Tasmanian Catholic leaders to the Inquiry into Discrimination and Bullying in Tasmanian Schools about same-sex employees.

Catholic Education Tasmania (CET), which oversees 38 schools, admitted to a parliamentary inquiry that it denies senior leadership positions to staff who are not in "regular" relationships or who are homosexual.

IEU General Secretary David Brear said, “Our members in Tasmanian Catholic education work hard every day to build strong, supportive and inclusive school communities. This is what makes comments made by Tasmanian Catholic leaders … so destructive.”

Brear said the admission that being in a same-sex relationship ‘precludes’ a person from applying for a position in Tasmanian Catholic education was “outrageous, deeply out of step with community standards and, we suggest, a potential breach of Tasmanian laws”.

“The suggestion that diverse staff and students are acceptable only if they do not present an ‘alternative view’ displays a remarkable lack of understanding both of what diversity actually entails and of the lived experience in Tasmanian Catholic schools.

“It’s well past time for these views to change, and we will continue to campaign for an education system that fosters and supports all students and staff and where decisions are made on the basis of merit.”

Equality Tasmania spokesperson Rodney Croome told ABC News that Catholic Education Tasmania's practices "appear to be in breach of the Tasmanian Anti-Discrimination Act".

"The act makes it very clear that faith-based schools cannot discriminate on the grounds of sexual orientation or gender identity," Mr Croome said.

Equality Tasmania is seeking advice from the Tasmanian Anti-Discrimination commission about "the negative impact of these policies on LGBTQIA+ people and school communities".

At the inquiry hearing, Catholic Archbishop of Hobart Julian Porteous said CET was "very happy" to accept diverse staff and students, so long as they weren’t "publicly presenting an alternative view".

Tasmanian Greens MP Vica Bayley asked, "If a gay man or woman in a same-sex marriage who had the equivalent qualifications to a heterosexual man or woman in a heterosexual relationship were to go for the position, would their sexual orientation or marital status have an impact on your decision as to whether they would be promoted?"

"It would preclude them from applying for the position," CET executive director Gerard Gaskin replied.

Catholic Education Tasmania argues that this stance is permitted under the federal Sex Discrimination Act, which grants religious educational institutions an exemption allowing them to discriminate in employment based on sexual orientation, gender identity, or relationship status to "avoid injury to the religious susceptibilities of adherents of that religion."

However, there is no exemption under Tasmanian state law, meaning educational institutions cannot discriminate based on sexual orientation, gender or relationship status.

Tasmania's Acting Anti-Discrimination Commissioner Pia Saterno told the ABC that "Australian and Tasmanian anti-discrimination law were designed to co-exist" and federal law stated it was not "intended to exclude or limit the operation of a state or territory".

The IEU’s submission to the inquiry cited documents including an infamous letter from the Archbishop circulated to families with children enrolled in Tasmanian Catholic education in May last year. IEU members were outraged by the letter, which criticises legal abortion access, transgender rights, voluntary assisted dying, euthanasia and same sex marriage.

The union raised concerns about the letter, as well as the inclusion of Faith-Based and Lifestyles and Values clauses in enterprise agreements and Statements of Faith in non-government schools.

“The IEU considers that each of these indicates that the relevant Tasmanian non-government schools arguably are engaging in direct and indirect discrimination, prohibited conduct, unequal and disadvantageous treatment, bullying, and harassment in Tasmanian schools regarding students and staff.”

“The IEU considers that certain schools have not met their obligations under the Anti-Discrimination Act.  The IEU recommends exploring how legislation can be amended and enforced to ensure that documents … do not continue to have a presence in non-government schools.”

The Equality Tasmania submission to the inquiry states, “The Tasmanian Anti-Discrimination Act is regarded by experts in the field as the strongest in the nation. It prohibits discrimination, incitement to hatred, and conduct which offends, humiliates, intimidates, insults or ridicules. These prohibitions apply to attributes including sexual orientation, gender identity, sex characteristics, lawful sexual activity, relationship status and marital status. Discrimination on those grounds is not permitted in faith-based schools”.