An objection to the 'promotion of homosexuality' or to telling same-sex attracted people that their orientation is natural and healthy constitutes discrimination on the basis of sexual orientation under the Equal Opportunity Act 1995 (Vic). The religious body exemption in s 75(2) does not apply to a body whose predominant purpose is commercial rather than religious, even if established by a religious trust. The individual religious belief exemption in s 77 does not apply to a corporation, which cannot hold 'genuine religious beliefs or principles' (majority view; Redlich JA dissenting). Where an employee commits an act of discrimination on behalf of a corporate employer, the corporation is directly liable through attribution principles and the employee is not personally liable. The proper approach to interpreting exemptions that protect human rights in anti-discrimination legislation is purposive, not narrow.
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