Byron and Keira Hordyk (pictured) have won a case of religious discrimination after a welfare agency rejected the Christian couple as “unsafe” to foster 0-5-year-old children because of their Christian beliefs on sexuality and gender. John Steenhof, principal layer for the Human Rights Law Alliance, explains the case and answers the question of whether or not it signals progress for Christians. The State Administrative Tribunal in Western Australia found that the agency discriminated against the Hordyks on the grounds of their religious conviction and awarded them each damages of $3000. The Hordyks belong to the Free Reformed Church, a small denomination with churches in WA and Tasmania, originally formed by Dutch migrants.
1. Byron and Keira Hordyk won a legal victory in a case against a welfare agency that said their Christian beliefs made them unsuitable to care for children. What were the grounds they won on?
Byron and Keira won their case because they were unlawfully discriminated against on the basis of their religious beliefs. They were able to prove that they were rejected as foster carers because the foster agency imposed an unreasonable condition on the Hordyks that they must be capable of approval for fostering children of all ages and all characteristics (sex, background etc). It was apparent from the evidence that the foster care agency used a different standard for the Hordyks than they did for other applicants. The Tribunal also made findings that some of the evidence given by the foster care agency was disingenuous and avoidant.
2) Should Christians take hope from this result?
Yes. This case is a great result for Christians. It is a pushback against the hardline secularist view that Christianity is harmful. The Court recognised that the Hordyk’s beliefs were irrelevant for the fostering of children between 0-5 on a temporary basis. The Court recognised that Christians should get a fair go and should be subjected to the same standards as other applicants for foster care and be given the same accommodations. The Court will find for a Christian where their treatment has been unreasonable.
3) Is this a one-off – or can Christians win in anti-discrimination cases?
Each case is decided on its facts. Christians can win in anti-discrimination cases where they can clearly show that they have been treated unfairly. These cases are definitely hard to win, but they establish good precedent and make the next case a little bit easier to run. Good precedents will mean good law. However, this is not an indication that Christians will win every discrimination case. The Court in the Hordyk decision, stated that if the Hordyks were being assessed for suitability for older children who might be same-sex attracted, then it might be reasonable to reject their application to foster children. Cases like the Hordyk’s case help to push back at the attempts to restrict the expression of religion in the public square and to reduce the public areas in which Christians can serve, especially where Christians hold to traditional Christian beliefs on marriage, sexuality and identity.
4) you call for reasonable accommodation for Christians in a pluralistic society. are you optimistic about this?
I am an eternal optimist. A pluralistic society requires people to co-exist and serve alongside each other despite having fundamentally inconsistent convictions and beliefs. The continuing politicization and polarisation in Australian society works against this, but hopefully, thoughtful people will begin to see that continuing down an aggressive secularist pathway is not good for any Australians. People who hold religious beliefs in good conscience, no matter how unpopular or out of step with the latest ideological fashions, should not be unfairly treated or penalised. There will be friction points and tensions in a pluralistic society, but ultimately a confident pluralism will make a stronger Australia.