Individual rights above private institutions.

The recent events involving a ‘Private’ high School student being prevented from attending her formal because she wanted to attend this special event with her girlfriend (see story here) has sparked worldwide media coverage (here, and Here). But the question that these media stories have been avoiding is the question of whether privatized Institutions should be allowed to continue to discriminate in this way. This is the question I now pose.

The School in question, Ivanhoe Girls School, acknowledges on their site that they aim to provide “the best learning and teaching which, underpinned by the Christian philosophy, enables every girl to achieve her potential and to be a confident, optimistic and responsible citizen.” In this case, ‘Christian philosophy’ marks an important point of procedure.

It is well established, within Literature and media, that Christianity (as well as other religions based around the mono-theistic rhetoric of Judeo-Christian beliefs) are profoundly homophobic in their teachings. However given that the student had been quite open about her sexual orientation, why given the schools stance was she accepted into the institution in the first place and yet not allowed to attend an event at the school? Several reasons why the student was not permitted to attend were given by the Headmistress of the School (They are mentioned in the news articles above, I will not repeat them here) hide a prejudice which is obvious to everyone it seems but the Headmistress herself.

This brings us to the question, Should private institutions be allowed to discriminate against individuals? The ‘Victorian Equal Opportunity Act 1995’ (See Here) tells us that it is unlawful to discriminate against people because of their sexual orientation, this is in relation to areas such as ‘Employment; partnerships; firms; professional and other organisations; qualifying bodies; employment agencies; education; provision of goods and services; accommodation (including alteration of accommodation); clubs or community service organisations; municipal or shire councils.’ Now we could argue about the merits of a high school formal being part of the students education, it is my opinion that social events within the school are an important educational tool for the development of students.

The private sector in Business, education and such is so called because they get their financial support (though its hard to tell these days) from private investors. Such investments allow them to work ‘free’ from government intervention, However they must still abide by the laws of the state. Any unlawful behaviour that is carried out is punishable by the state. The question has shifted now, it is no longer ‘Should institutions be allowed to discriminate against Individuals?’ but ‘Can Institutions be allowed to discriminate against Individuals?’ The answer is an obvious No.

As Citizens of this country, as well as those non-citizens who live in this country, we must partake in certain obligations (i.e Paying taxes, voting during elections (citizens only, though Slavoj Zizek proposes a different view), acting in accordance with the laws of this country) in accordance with these obligations we get certain protections from the Government. We understand that our rights as Human Beings (Those of the Civil and Political rights) will be protected, That we have the freedom of speech, freedom of expression and other freedoms.

And yet Private institutions are still allowed to discriminate openly, without much recourse to their actions, against the very things that countries are supposed to project. What is this hypocrisy and why does it still exist in our world today?

In a recent addition to the story, the student has decided to leave the school 'if you can't live with "them", force "them" out' seems to apply aptly here. The school in making this decision has come off as the bad institution, rightly so, and the saddest thing perhaps is that the School turned against its own goals while it says to encompass ideas of truth, compassion and integrity as well as 'affirming tolerance and appreciation of other beliefs' It has shown its face as bigoted and stuck in a past, that should be forgotten.