Equal right to discriminate

Equal right to discriminate

Frank Sartor’s zero-hour amendment to Sydney MP Clover Moore’s Adoption Amendment (Same-Sex Couples) Bill will give greater power to parents giving up a child to not allow the child to be placed with a same-sex couple.

But it will also give gay or lesbian parents the same power to prevent their child from being adopted by people with homophobic religious views.

“The amendment I put up removes the operations of the Anti-Discrimination Act from applying to the Adoption Act,” the Rockdale MP told Sydney Star Observer.

“Under the amendment, a birth parent can freely express their preferences which will then be assessed fairly against the best interest of the child, without prejudicing the process against their views.”

Removing Anti-Discrimination protections from the Adoption Act means that parents relinquishing a child will have greater power to refuse their placement with people of an age, sex, gender identity, race, religion, sexuality or disability they feel uncomfortable with.

However, children being adopted will still be protected from discrimination in the adoption process meaning that adoptive parents may not refuse to take a child they are uncomfortable with on the above grounds.

Sartor said he had been unable to discover any problems arising from similar legislation introduced in Western Australia in 2004.

“The Western Australian legislation excludes the entirety of the Anti-Discrimination Act of Western Australia, while the exclusion in the NSW Bill as it now stands is more limited in that the Anti-discrimination Act will still cover the children who have been put up for adoption,” he said.

NSW Gay and Lesbian Rights Lobby policy coordinator Senthorun Raj said the Lobby was uncomfortable with the removal of anti-discrimination protection. He said he understood this amendment and another by Clover Moore exempting religious agencies from having to deal with same-sex couples had been necessary to get the bill through Parliament.

“We support a birth mother and her partner’s right to place their child with whichever family they feel most appropriate, however, we feel this could have been effected without a blanket suspension of anti-discrimination laws,” Raj said.

“This allows agencies to discriminate on a range of different categories — not simply sexuality, but also race, religion, gender, transgender status. However, the arrangement was necessary for the bill to pass.

“This legislation will still see the removal of the last piece of legislative discrimination against same-sex couples in NSW.”

Moore told Sydney Star Observer she was optimistic her bill would appear before the Legislative Council this week.

“The leadership of both the Premier and the Opposition leader, the significant and, at times, moving contribution of many members of the [Lower] House, and the outcome of the vote shows that Parliament has come a long way from the depressing homophobic attitudes shown 10 years ago when I first moved these amendments and was not supported by a single member,” she said.

The bill passed the Legislative Assembly in a vote of 45 to 43 last Thursday.

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13 responses to “Equal right to discriminate”

  1. Gay law reform is still not over – We still have a lot of work to do on the surrogacy laws here in NSW!!!!

  2. Dear Giordiano

    Try to actually read my posting before you respond. I didn’t refer once to heterosexuals in my posting so it can’t be heterophobic. I didn’t even refer specifically to gay issues.

    Once you actually understand what is written then you may have a chance at debating the issue.

  3. Giordano- People are venting. Can you blame them? These are laws not about the rights of a child to a loving and stable home but to abuse people simply due to their sexuality. There is lot anger about this.

    The fact is many children are not adopted, and are stuck in religious institutions that with the best of intentions are not a stable loving home. I know because I grew up in one.

    The real debate is what right do some of these religious politicians have to abuse children and condemn them to a life they would not expect of their own children.

    We do not expect to be the subject of abuse by political leaders and nor should anyone.

  4. “Your Hetero-phobic attitude disgusts me….” Jesus Giordino did u not read the article? It’s just crumbs at the table again for the gays and while wer’e at it ALL minority groups! It’s not a victory, it’s just window dressing while yet again tax exempt, tax funded religious organizations that my taxes pay for claim exemption from bigotry. Please note in the UK the same Salvo’s, Angliscare and catholic adoption agencies screamed and kicked to be brought into the 21st century claiming they’d close down their agencies rather than EVER hand over children to gays. Guess what? It didn’t happen. cause they’re making a buck outta this racket.

  5. If a gay parent was forced to put their child up for adoption they could also invoke the legislation to determine the attributes of the adopting parents.

    I agree that there is an ethical issue here and advice from qualified people should be sought about the consequences of constructing legislation to satisfy the cultural and ideological beliefs of parents giving children up for adoption rather than constructing legislation for the purpose of obtaining the best result for children.

  6. Giordano…gentle hands should lead you away, it is clear there are a few kangaroos loose in the top paddock.

    (Destroy the family? We also control the world’s banking system, listen in on all telecommunications calls…and don’t get me started on Hollywood)

  7. Giordano: –

    1.You have no sense of humour.
    2. There is no gay agenda, apart from being treated equally.
    3. Gay people are not being used to destroy the family (it begs the question used by whom);
    4. Come to the Family Court/Federal Magistrates Coutr/Childrens Court and see for yourself the fine job opposite sex couples, married or de facto, are doing at destroying their own families. It has nothing to do with gay people, they are responsible for their own actions and children;
    5. We’re not heterophobic, just sick of arseholes like you treating us like shit.

  8. David Skidmore, Paul and RD, I never knew gay people could be so hateful. Your Hetero-phobic attitude disgusts me. Hateful gay people have dehumanized children, and reduced children to objects of trade. Remember we are all equal -so no lobotomy crap.
    I think gay people are being used to destroy the family. Think about it gay people, who is setting your agenda? And who is electrifying your soul to hate Heterosexuals?

  9. The real choice is let your child rot in a Christian Institution or give them out to a loving couple.

    Making sexuality an issue is an act of vilification. Religious groups can already stop people getting government resources if they are of a race they do not like let alone subjecting a child to years of neglect in an Institution they profit from. They can even deny medical treatment on religious grounds.

    This clause is not only vilification but it gives an option for child abuse to take place. A loving home is what a child needs, not a cold institution run by Happy Clappers.

  10. I agree with David, a Mother who can’t raise their child themselves should not be put in a position where she dictates what family the baby is adopted into, whether it be homosexual or religous.

  11. I think the Family Court’s medical procedures jurisdiction should be extended to adults. Sterilisation and lobotomy procedures of hopeless parents/bigots comes to mind.

  12. I certainly uncomfortable with such an amendment. And I don’t just mean in relation to gay couples. I mean (as it says in the article:

    “…that parents relinquishing a child will have greater power to refuse their placement with people of an age, sex, gender identity, race, religion, sexuality or disability they feel uncomfortable with.”

    Why should bigots have their every desire considered? And if people don’t like the idea of their child going to a family they feel “uncomfortable with” then raise the child yourselves.