Christian Youth Camps Ltd (CYC) and its manager appealed against the decision of the Victorian Civil and Administrative Tribunal upholding a complaint of discrimination against CYC over its manager's refusal to allow one of its camping resorts to be used for the purposes of a weekend camp for same-sex-attracted young people. CYC had been established by the Christian Brethren Church, which believed that homosexual sexual activity was contrary to God's teaching as set out in the Bible.

CYC contended that there had been no discrimination on the grounds of sexual orientation as there was a fundamental distinction between an objection to the syllabus to be taught at the proposed camp and discrimination on the basis of the sexual orientation of those attending. It further relied upon the exemption concerning religious freedom under the Equal Opportunities Act 1995 which applied to conduct by a body established for religious purposes and to discrimination by a person which is necessary in order to comply with the person's genuine religious beliefs or principles.

The Court of Appeal held that CYC was not a body established for religious purposes and it could not, therefore, rely upon the exemption under section 75(2) of the Act. Further, a majority of the Court held that the exemption under section 77 of the Act, which permitted discriminatory conduct by a person which was necessary for him to comply with his religious beliefs, did not apply. CYC was a corporation and could not be deemed to hold a religious belief. The appeal was refused. [RA]