The Chairman of the Catholic Schools Partnership (CSP) has warned that the Catholic Church in Ireland could mount a constitutional challenge to any attempt to strip schools of the right to defend their religious ethos.
The Irish Catholic reports that Fr Michael Drumm, a leading figure in recent discussions over religious education, ethos and school patronage, said that any attempt to repeal Section 37 of the Employent Equality Act would be “unconstitutional.”
Section 37 allows faith-based organisations to hire in accordance with their religious ethos, and employ only those who will uphold that ethos.
“It would be unconstitutional as it would interfere with the constitutional right of religious bodies to run their own affairs and it undermines the human right of freedom of religion,” Fr Drumm told The Irish Catholic.
If section 37 did not exist, Fr Drumm said, then a religious body “could not use religious belief as a criterion for selecting its employees”.
His comments follow a pledge by Minister of State Aodhán Ó Ríórdáin to amend Section 37. According to TheJournal.ie, the Labour TD said that “many schools and hospitals are funded by the state, but run by a religious order”, which allows them the exemption.
“The consequence of this Act can have a chilling effect on concerned workers who are divorced or are single parents, as well as members of the LGBT Community, as it can mean that they cannot be open about their status in their workplace,” he added.
But Fr Drumm insisted that a “balance of rights” must be found. “We are still awaiting the publication of the draft amended legislation from Government but balance has to be found. There is a balance to be found between employees’ rights and the rights of religious employers to maintain the ethos of the school,” he said.
Fr Drumm also warned that any amendment to the legislation must also be respectful of “parents’ rights to have their children educated in accordance with their wishes”.
But Fr Drumm remains confident that section 37 will not be deleted.