A devout Christian couple have been awarded $6,000 in compensation after their application to become foster carers was rejected.
The anti-discrimination case between Perth couple Byron and Keira Hordyk and foster agency Wanslea Family Services was considered by the State Administrative Tribunal.
The couple applied to be foster parents in 2017 but we’re knocked back over their view that homosexuality is a sin. The couple indicated that their advice to a child who thought they might be gay would be that homosexuality is something that is a choice and can be overcome.
“We hold traditional Christian views on how the Bible teaches us on sexuality and marriage,” Byron Hordyk told The West Australian in an interview, explaining why the couple were taking the foster agency to court because they believe they have been discriminated on their religious beliefs. The couple are members of the Free Reformed Church of Australia (FRCA).
The tribunal heard that during the assessment process to become foster carers the couple had revealed that they strongly conformed to the seventh commandment in The Bible, “Thou shalt not commit adultery” and they considered that sexual relationships must only take place between male-female married couples and people who experienced same-sex attraction should “fight the sin”.
The couple were then asked to take part in a case study, where they were asked how they would feel if they saw a foster child in their care kissing another student at school who was of the same gender. The couple said they would tell the child that they were loved, but they behaviour was sinful and needed to be resisted.
They told the foster agency that they would not return the child to the foster agency on the same day, but if a child in their care was discovered to be gay – and persisted with gay behaviour, the child would need to be moved to another home. The couple said it would not be suitable for the agency to place a known gay child with them.
The couple said they would welcome a child of a different religion into their home, and they would be able to make provisions for a child with different religious beliefs, but a child expressing same-sex attraction or acceptance of being transgender would not be acceptable.
The foster agency terminated their application, and the couple decided to take legal action against the decision. This week the Administrative Tribunal released their decision saying that the couple had been discriminated against.
In its decision the tribunal noted that on their application the couple had expressed interest in providing foster care to children on a short basis and were primarily interested in looking after a child younger than five years of age, which was at that time the age of their eldest child.
Religion is central to the couple’s lives
The tribunal heard that the church is central to the family’s life. They attend service twice on Sundays, and for Kiera Hordyk many elements of her life are linked to the church including attending a mother’s group, exercise classes, and prayer groups. The tribunal heard that she prayers with her children on a daily basis.
Kiera Hordyk is a strong believer that God created women to be a helper and companion for a man, men and women have different roles, and women are made to uniquely care for children in ways that are different to men. The tribunal also heard that she believes that acting on any feelings of homosexuality or transgenderism is sinful and akin to adultery.
When giving evidence to the tribunal Kiera Hordyk shared that homosexuality is the focus of sermons at her local church in Baldivis at least four times a year and while she believes same-sex attraction is a real feeling, the correct course of action for people experiencing those feelings is to pray to God for a “life free from the grip of such sin.”
Like his wife, Byron Hordyk was raised in the Free Reformed Church and his shares the same beliefs as his wife. Alongside regularly attending church he is also a member of their ‘Little Lambs Children’s Ministry’ that provides religious instruction to children aged between three and five at a Sunday School.
Tribunal hears couple have not always abided by church rules
The tribunal also heard that the couple had become pregnant with their first child before they were married. The couple told the tribunal that they had repented for having an ‘adulterous relationship’ and had been forgiven by the church prior to their wedding.
In their findings the tribunal noted that during the hearing Wanslea endeavoured to characterise this evidence as demonstrating that Mr and Mrs Hordyk do not adhere to the teachings of the FRCA in all situations and are willing to adapt their practices to suit their circumstances when it suits them. The tribunal rejected their characterisation of the evidence
“We reject that characterisation of the evidence.” the tribunal said. “On the contrary, we accept Mrs Hordyk’s explanation that she has been taught, and genuinely believes, that all people are inherently sinful and have sinful desires and must fight against sin and that she regards marital sexual relationship she had with her husband as sinful. She believes that she has repented of that sin and ‘learned to move forward in a life that is pleasing to God'”.
Tribunal says foster agency could have shown flexibility
The tribunal said the foster care agency had argued that their approach was to consider if the couple would have been suitable as foster carers for a child of any age and identified that they disqualified the Hordyk’s because of how they may treat an older child or teenager on the basis of sexuality or gender.
The tribunal highlighted that the foster agency made adjustments on many other attributes such as physicality or allowing applicants to prefer a child of a particular gender, and greater flexibility could have been deployed in this instance as well.
The foster agency was ordered to pay $3,000 compensation to each of the claimants and adjust the wording on their application from being rejected to being discontinued. The couple also have 28 days to make an application for associated costs of the proceedings.
Graeme Watson
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