Thursday, December 29, 2022

Rejection of Foster Parent Applicants Over Their Views on Homosexuality Violates Australian Equal Opportunity Law

In Hordyk v. Wanslea Family Services, Inc., (WA SAT, Dec. 23, 2022), the State Administrative Tribunal of Western Australia held that a non-profit family services agency that contracts with the state to arrange foster care for children placed in custody of the state violated Section 62 of the Western Australia Equal Opportunity Act 1984 when it rejected a couple who are members of the Free Reformed Church of Australia as foster parents. According to the court:

4, During the assessment process, the Hordyks revealed, in answer to specific questions asked of them, that they held the view that the Seventh Commandment in the Old Testament of the Bible requires sexual relationships to take place only between a man and woman who are married and that other expressions of human sexuality are sinful. The Hordyks believe that same-sex relationships are sinful and that people who feel same-sex attraction must fight the sin in order to live in conformity with the Commandments. They informed Wanslea that, as a result of their beliefs, in the event that a foster child who had been placed in their care was found kissing a child of the same sex at school, they would tell the child that they were loved but that the behaviour was sinful and needed to be resisted. The Hordyks said they would have to end the placement of a foster child who continued to behave in that way. They qualified that statement by saying that they would not terminate the placement immediately but could not foster that child in the long term.

5.  Following the Hordyks' expression of those views, Wanslea's staff decided not to proceed to a final assessment of the Hordyks' application and instead terminated the assessment process....

Law and Religion Australia reports at greater length on the decision.