A Christian Youth Camp has launched a High Court appeal over a decision which found it had discriminated against a group of same-sex attracted youth.

As a barometer of the extent of religious freedom in Australia, the High Court case will be closely watched by those in the church, Christian organisations, as well as human rights lawyers and people from minority groups across Australia.

Christian Brethren-owned Christian Youth Camps (CYC) was fined $5000 by VCAT in 2010 for discriminating against Cobaw Community Health Services, a group which wanted to run a suicide-prevention camp for 60 rural same-sex attracted youth at the CYC site.

Recently, the Victorian Court of Appeal upheld VCAT’sdecision, despite CYC arguing it should be allowed to discriminate on the basis of religious freedom under the Equal Opportunity Act.

CYC argued it didn’t object to the group because of the sexual orientation of the campers, but because the group were advocating homosexual behaviour, which is against the beliefs and doctrine of CYC.

But the court ruled that there was no distinction between discriminating against homosexual behaviour and discriminating against individual homosexuals.

Among the three judges deciding on the case at the Victorian Court of Appeals was Justice Robert Redlich who dissented against the decision, maintaining it was important religious organisations retained  the freedom to protect their ethos. But he was in the minority.

The High Court appeal will clarify the extent of religious freedom in Australia and the place of anti-discrimination lawswithin the legal framework. The outcome could affect the ability of Christian organisations to employ Christian staff, and could force religious groups to stop servicing the broader community.

Derrick Koh, President of the Victorian Christian Legal Society* says if the High Court upholds the Court of Appeals decision, “religious organisations may have to compromise their core values in order to conform to these laws.”

“It is wrong that religious organisations, the ones often providing essential, self-funded, support for the most vulnerable sections of society, are faced with such stark choices in what is supposed to be a liberal society.”

Derrick is hopeful the High Court will rule in the favour of religious freedom, but says it’s not certain.

“While it is hoped that an appeal to the High Court could restore the balance of religious freedoms in our society, it also has the potential to leave a dangerous precedent against it.”

*Derrick’s comments are his own and not necessarily representative of the Society of which he is President.