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Reports in the press note that that the ACT Government has announced its intention to “close a loophole” in discrimination laws by removing the capacity of religious schools to apply their religious beliefs in staffing decisions. The law being referred to is not a “loophole”, it is part of the fundamental architecture of discrimination law around Australia, with rare exceptions, and removing these provisions would not be a good idea.

Published in Religious Freedom

This is the first part of a series of articles written by Neil Foster about the Ruddock Review's leaked contents. The subsequent articles can be accessed at Neil website, here.  

A media outlet here in Australia has released what it says are the 20 recommendations made by the Expert Panel on Religious Freedom chaired by the Hon Philip Ruddock. The Report itself was delivered to the Government in May 2018, but has not officially been released. Apparently the Government is planning to release the Report at the same time as announcing its official response. The main issue which has generated controversy during the last week, in which there was a selective leaking of some of the recommendations, were proposals dealing with the rights of religious schools to take into account the sexual orientation of students in certain areas. The changes proposed were not radical changes to the existing law, but were presented as such when first publicised. In this post I want to briefly set these recommendations in context and offer my preliminary response.
Published in Religious Freedom

[An extraordinary claim before the Victorian Civil and Administrative Tribunal recently, Secular Party of Australia Inc. v the Department of Education and Training (Human Rights) [2018] VCAT 1321 (27 August 2018), alleged that a child at a public school should be prevented from wearing Islamic religious garb in the child’s own interests! Thankfully the claim failed, but the fact that the case could even be argued illustrates the pressure that some groups in society are placing on parents and children of faith.

Published in Religious Freedom

Trinity Western University, an evangelical tertiary institution in British Columbia, has lost two cases it had brought protesting the decision of two Canadian Provincial Law Societies to not authorise graduates of their proposed Law School as able to practice in the Provinces. The reason for the denial of accreditation was that TWU requires students and staff to agree to a Community Covenant Agreement, which undertakes (among other things) that they will not engage while studying or working at TWU in “sexual intimacy that violates the sacredness of marriage between a man and a woman”.

Published in Religious Freedom

On the 7th June, in the Australian Capital Territory Legislative Assembly, (and now in South Australia, starting on October 1st), it has been enshrined in law through the introduction of the Ombudsman Amendment Bill 2018 giving the State[s] power to compel ‘minister of religion, religious leader, officers of a religious body, an individual primarily in charge, or any person who provides services for the religious body’ to report ‘Reportable Conduct’ heard in a confession.

Published in Religious Freedom

Yesterday I wrote about the victory of Colorado cake-maker Jack Phillips. While I still stand with that piece, the only thing I regret was the title I ran with – in haste. I had to dash out, so I quickly changed a more innocuous headline to a more eye-catching one. [Read this story here on Bill's website.] However, anyone reading the piece instead of just going by the title would have seen that this win was hardly an end-all and be-all decision by America’s highest court.

Published in Religious Freedom

In Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, 584 U. S. ____ (2018) (June 4, 2018), the US Supreme Court by 7-2 overturned previous decisions against a Christian cake maker, Jack Phillips, who had declined to make a wedding cake for a same sex wedding. While the basis of the decision of the majority is fairly narrow, the outcome is clearly correct, and even in the narrow reasons offered by Justice Kennedy, there are a number of important affirmations which support religious freedom.

Published in Religious Freedom
Thursday, 24 May 2018 21:41

Face-Coverings and Testimony in Court

Should a Muslim woman who wears a face covering for religious reasons, be entitled to give evidence in court with her face covered? This important issue, which has been discussed in other common law jurisdictions, has now been considered in the NSW Court of Appeal, in Elzahed v State of New South Wales [2018] NSWCA 103 (18 May 2018). The Court concluded that no error had been shown in a ruling by a trial judge, that Ms Elzahad was not entitled to keep her face covered while testifying.

Published in Islam

The recent decision of the England and Wales Court of Appeal in Pemberton v Inwood [2018] EWCA Civ 564 (22 March 2018) upholds what was in effect disciplinary action taken against a Church of England clergyman, the Reverend Canon Jeremy Pemberton, on account of his entering into a same-sex marriage. The decision is a sensible one which upholds the religious freedom of the Anglican church to operate in accordance with its fundamental religious beliefs.

Published in Religious Freedom

A student Christian group at the University of Iowa has been reinstated as a registered student organisation by a US Federal District Court Judge, after previously having its status revoked by University authorities. The student group, Business Leaders in Christ (“BLinC”), had been penalised because it would not agree to appoint to its leadership a same-sex attracted student, who said that they would not undertake to comply with the group’s commitment to Biblical sexual values. The University claimed that this was a breach of its Policy on Human Rights, forbidding discrimination on the basis of, among other things, sexual orientation. BLinC claimed, however, that the issue was not the student’s orientation, but their express refusal to modify their behaviour to accord with Biblical norms.

Published in Religious Freedom
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