Wedding cake still half-baked

 

The passing of the marriage equality bill sets the scene for something unprecedented in the history of the Australian Commonwealth; serious action on legal protections of religious freedom. Despite its broad title “Marriage Amendment (Definition and Religious Freedoms) Bill 2017” that legislation deals only with religious freedom for religious celebrants and organisations involved in the actual solemnising of a marriage. More has been promised in the new year when the review led by Philip Ruddock gives its report on the legal protections for religious freedom in Australia.

The need for further action is highlighted in a report that was released this week from — of all places — the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade. Late last year, this cross-party committee was given a broad brief to “examine the status of the freedom of religion or belief (as recognised in Article 18 of the International Covenant on Civil and Political Rights) around the world, including in Australia.” Their interim report left consideration of the rest of the world for a later time and focused only on the legal foundations of religious freedom in Australia.

Although no recommendations are given, the report makes a powerful case for action. As the Chair notes in his foreword, two broad points stand out most prominently. One is that legal protection of religious freedom in Australia is limited. There is almost no explicit protection for religious freedom at the Commonwealth level. The states and territories have little to prevent them from restricting religious freedom. The other is that the threats to religious freedom today are quite different from the past and often arise in the context of protecting other, conflicting rights, particularly that of anti-discrimination law. Without giving an answer the report concludes “Striking the balance between these competing rights is a challenging and delicate task” (p 90).

Indeed. Let’s hope that there is serious discussion and action next year. It will be a first for Australia.