https://www.theaustralian.com.au/world/uk-religious-freedom-case-a-godsend-for-folau/news-story/9734d8c60d905f319422156e512d3172
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“The university wrongly confused the expression of religious views with the notion of discrimination,” the three High Court appeal judges concluded yesterday. “The mere expression of views on theological grounds (for example, that ‘homosexuality is a sin’) does not necessarily connote that the person expressing such views will discriminate on such grounds.”
According to this ref it goes on to say:(12) The University’s approach to sanction was, in any event, disproportionate: instead of exploring and imposing a lesser penalty, such as a warning, the University imposed the extreme penalty of dismissing the Appellant from his course, which was inappropriate in all the circumstances.
A clear difference in the Folau case. Unlike the University, Folau was warned and, in the aftermath of that warning, a new contract was negotiated in good faith. Folau signed that contract.
He could not have been under any illusion as to his obligations.
He breached the contract.
He may now believe that what RA was asking of him was unreasonable, but instead of negotiating or, if necessary, withdrawing from the contract on conscience grounds, he simply did what caused the problem in the first place.
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