Ballarat Christian College settles case with former teacher Rachel Colvin over same-sex beliefs

Ballarat Christian College has settled a landmark religious freedom case with former teacher Rachel Colvin.

Rachel Colvin who sued Ballarat Christian College for discrimination on the basis of her political and religious beliefs, which include support for same-sex marriage.

Ballarat Christian College has settled with a former teacher who claimed its teachings against same-sex marriage discriminated against her, with principal Ken Nuridin saying the case has taken an enormous toll on his small school.

Rachel Colvin’s case against the school has been held up by faith-based communities as a key example of the need for a religious discrimination act following the 2017 same-sex marriage post survey.

As a result of the settlement, Ballarat Christian College in Victoria will not have to change its Statement of Faith defining marriage as a union between a man and woman and it

has made no concessions on those teachings.

The Australian understands Ms Colvin will receive an undisclosed amount for loss of income and damages and will receive a positive employment reference from Ballarat Christian College.

Scott Morrison’s religious discrimination bill is still to be tabled in parliament after drafts have come under sustained attacks from both faith-based and LGBTI groups.

Mr Nuridin told The Australian that the school would continue to stand by its teachings on marriage.

Ballarat Christian College principal Ken Nuridin.

“Our College provides a high quality Christian education in accordance with our beliefs,” he said.

“The claim has taken an enormous cost in time and resources already – detracting from the ability of a small school like ours to focus on what is important, the education of our students”

Christian Schools Australia director of public policy Mark Spencer said the government needed to bring on its religious discrimination bill to protect schools like Ballarat Christian College.

“We are calling on the Commonwealth Government to ensure that the proposed Religious

Discrimination Bill clearly protects Christian schools from these sort of claims,” he said.

“Christian and other faith-based schools must be able to engage staff who share their beliefs

and are equipped to teach those beliefs” he said.

The Australian Christian Lobby said the case showed the need for increased protections for faith-based schools and ACL chief political officer Dan Flynn called on the government to bring forward its final bill.

“The sad reality for this school is that it took steadfast determination not to buckle under the pressure of a well-resourced legal attack,” he said.

“To the school’s credit, under great duress, they stood by their principles.”

“This case underlines how the religious freedom debate must make faith-based schools’ legal rights crystal clear.

“The ACL calls upon the government to ensure a case like Ballarat Christian College never happens again.”

Following same sex marriage being legalised in December 2017, the school amended its Statement of Faith through its constitution outlining its position on marriage.

The teacher formally notified the school of her objections to the statement in a letter on August 14, and was directed to meet with the chaplain and a female member of the school leadership to discuss her views.

The college indicated she was free to hold her views personally but was required to support and teach in accordance with the beliefs of the school, which Ms Colvin was allegedly unwilling to do.

As well as the positive reference for Mrs Colvin, the payout, and the school’s secured right to keep teaching against same-sex marriage; the parties will issue a statement of ‘mutual regret’. The Australian has contacted Ms Colvin’s lawyers Clayton Utz and LGBTI rights group Equality Australia, which backed the former teacher’s case.