Religious Freedom And The Marriage Act
At present religious freedom is legally restricted by the marriage act which restricts marriage to being two parties only, i.e. monogamy. Monogamy restricts the religious freedom of Muslims, Mormons and other religions. This restriction is common internationally and it is my view that it is accepted by the vast majority of Australians. Therefore, placing limits on religious freedom is not unusual.
Religious Freedom and Education
Much of the public discussion around religious freedom and same sex marriage focussed on what might be taught to children in schools. The notion that homosexuality may be taught as a societal norm offends many people of whom some seek to use religious freedom to prevent such teaching.
Without imposing any personal bias on the morality of homosexuality, it is a fact that homosexuality exists and, although a minority of the population, there are many Australians (including politicians, judges, lawyers and teachers) who find themselves homosexuals. Educating the youth of Australia on the existence of homosexuals within Australian society is not wrong; to suggest otherwise is to deny fact. To use religious freedom as the means to limit the education curriculum is akin to creationists removingevolution or the big bang theory from the teaching of science.
If people wish to have their children taught that homosexuality and same sex marriage do not accord with their religious practice, then such material should be presented during religious instruction classes.
Religious Freedom And Discrimination
During the same sex marriage survey there was considerable discussion on the right of parochial schools to remove teachers whose lifestyle did not accord with the schools religious doctrine. Catholic schools having the right to sack a teachers involved in a same sex marriage was presented in many such discussions.
Population data leads me to conclude that the Catholic school system (of which I am a product) will have homosexual teachers who until now have either suppressed their homosexuality or not exposed it to their school community. I am certain that most (if not all) of these teachers are competent and professional educators who the school is happy to have within the school communities. I am also aware of legally divorced school teachers working within the Catholic school system; in fact, I know of one such person who is the principal of a Catholic school.
To suggest that any parochial school has the right, on religious grounds, to remove a competent teacher who legally weds a same sex partner would also provide Catholic schools the right to remove divorcees. These would be outrageous acts of discrimination which should be condemned as such.
Section 116 Of The Constitution Of Australia
The Commonwealth shall not make any law …for imposing any religious observance, or for prohibiting the free exercise of any religion….
It is my view that:
- The free exercise of religion is logically and naturally restricted by the law of the land, and that the Australian public comfortably accepts such restrictions.
- It is not constitutionalfor the Commonwealth to legislate to allow religious freedom to be used as grounds to legally deny the teaching of factual social issues or to justify discrimination as this would be an imposition of religious observances.