Fostering a lack of respect
The Internal Appeal Panel of the Administrative Decisions Tribunal (ADT) has recently ordered that the case which found that the Wesley Mission had unlawfully discriminated against a same-sex couple when they refused to accept their application to become foster carers must be reheard.
The decision has been applauded by the churches, however, the NSW Gay and Lesbian Rights Lobby believes the decision does not support the right of church-based agencies to discriminate against same-sex couples.
The reason the matter is to be reheard is not due to the facts of the matter, but on the grounds that the ADT incorrectly defined the words ‘religion’, ‘doctrine’ and ‘adherents’ and made an order beyond its powers.
The question to be answered in this case is not whether Wesley Mission unlawfully discriminated against a same-sex couple when they refused to accept their application to become foster carers — that claim has been clearly substantiated — but rather whether Wesley Mission is entitled to discriminate on religious grounds.
The Wesley Mission is claiming an exemption from the Anti-Discrimination Act on the grounds that a monogamous heterosexual partnership within a marriage, being both an ideal and a norm, is a doctrine of Wesleyanism and that it was necessary to refuse a same-sex couple’s application to become foster carers in order to avoid injury to their believers.
Wesley Mission claims that the primary focus of its foster care service is the welfare and best interests of the child. By refusing to accept an application from a same-sex couple to become foster carers they are making an unfair and unfounded assumption that it would not be in the best interests of a child to be cared for by a same-sex couple.
By discriminating against potential carers because of their sexual orientation, they are denying children at risk and in need of a loving and stable home from an entire pool of potential carers, which, in a time when foster carers are in great demand, cannot be in the best interests of the child.
No one, gay or straight, has the absolute right to become a foster carer, however, the GLRL believes everyone willing should be entitled to have their applications assessed on their own merits.
Same-sex couples are also currently unable to apply to adopt under the Adoption Act.
The GLRL hopes that this case will have positive implications for adoption law reform.
It is 2009 for goodness sake!!!!!!
Rubbish Kelly. If a department receives Govt tax payer funding to assist ALL Australians, they should also accept all applications/applicants.
Our foster childrens Bio family are very very supportive of us being their childrens foster parents. Nothing hidden, and we are very honest and open with our children. They learn that families come in all shapes and sizes, with one Mum, two Mums, 3 mums, 2 or 1 dad, many grandparents, or no grand parents, black, white etc.
We go to all workshops and functions. We often don’t attend all the adult only functions, but every event that includes the children we attend. We know quite a number of same sex families, male and female who also attend these events.
I personally think those that only think children should be raised in certain families blends, shouldn’t be allowed to Foster. The poor children in those families might learn that only certain types of families are good and in turn are the ones that learn to make fun of other children and their families.
Having been a care for some 20 yrs placements of some 140 children lots of sibling groups and do have now long term children, the confusion for these children would be great and also they dont need any more finger pointing as there will be with access and normal life and kids are very cruel , I have been refused to move on to another agency by Department when wanted to change agencies,there are some same sex carer couples that care for kids through the Department but they dont tend to associate and participate in workshops and ongoing training perhaps it is depends on the area ,I know of good families that have applied to Department to care for children and been refused no one complaines then these children do not need any more confusion in there life and what do the natural parents think is another point as they do have rights and will certainly have a say,I do not agre and believe the Mission can make there own rules like every other agency and the Department .