Law

Freedom to Discriminate

Now that the country has been surveyed on the question of same-sex marriage, it’s time to turn our attention to the details of the same-sex marriage bill that is before parliament. Religious freedom to dissociate from same-sex weddings will be at the forefront of the minds of many Christians and Muslims who do not support same-sex marriage. Before and during the postal survey, assurances were given, by the Prime Minister no less, that ‘religious freedom…will be protected in any bill that comes before this parliament.’

The Constitution of Australia makes provision for limited religious freedoms protections in s116 which states that ‘The Commonwealth shall not make any law… prohibiting the free exercise of any religion.’ However, this has been narrowly interpreted in the past to apply only to laws, the express purpose of which is to prohibit the free exercise of religion, not as an unforeseen consequence of anti-discrimination laws. … Read the rest

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