A Christian Youth Camp has lost an appeal this week against a ruling which found it had discriminated against a group for same-sex attracted youth by not letting them stay at the site.

In 2010 the Victorian Civil and Administrative Tribunal (VCAT) fined Christian Brethren-owned Christian Youth Camps (CYC) $5000 for discriminating against Cobaw Community Health Services. Camp Manager Mark Rowe was found liable for the discriminatory conduct for refusing to allow its Phillip Island Adventure Resort to be used for a suicide-prevention camp for 60 rural same-sex-attracted youth and 12 support workers in June 2007.

VCAT President Chris Maxwell & Justice Marcia Neave ruled in 2010 that discrimination (pursuant to Part 3 of The Equal Opportunity Act 2010) had taken place and that the refusal by CYC to provide the accommodation was not covered by any of the religious exemptions to the Equal Opportunities Act.

CYC argued it should be allowed to discriminate on the basis of religious freedom, and that there was a distinction between objecting to the content of what would be taught at the camp and the sexual orientation of those attending. But VCAT dismissed both arguments.

At the Court of Appeal this week, however, it was found that while CYC was directly liable for the act of discrimination, Mr Rowe’s conduct was exempt on the basis of freedom of religion.

A dissenting judge Justice Robert Redlich said it was important religious organisations retained the freedom to protect their ethos, however his position was in the minority and Justices Maxwell and Neave dismissed CYC’s appeal against the VCAT finding.

Feature image: from Flickr, used under a CC Licence.