Numerous Churches in Australia have joined together to call for a Religious Freedom Act, similar to a charter of rights, that would enshrine in law and spell out in detail the human right to religious freedom of faith communities. “We’ve never needed to protect religious freedom before, but now we do,” said author Patrick Parkinson, a professor of law at the University of Sydney.
Essential to the proposed law, submitted to a Government review of religious freedom, is the right for church-run organisations – including schools and aged care homes – to hire and fire staff in accordance with their values. That would extend to employees who enter into a same-sex marriage following its legalisation late last year. The proposal described that freedom as “an existential issue for faith communities of all kinds”, saying if a Christian school cannot select its employees then it “will be indistinguishable from the state school next door”, just as Christian health facilities would “quickly lose their character”.
The churches have also asked for: changes to the Marriage Act to ensure facilities such as school chapels cannot be used for same-sex weddings against the wishes of the diocese, even if the school principal gives permission; the right for parents to remove their children from public school programs that don’t accord with their values; and the creation of a “national religious freedom commissioner” within the Australian Human Rights Commission.
While the issue of religious freedom was sparked by the legalisation of same-sex marriage, the churches said the issue was much broader, and it was a “completely false dichotomy” to claim religious rights were in conflict with LGBTI rights.
“The new frontier is gender identity,” the churches argued, deeming it a “new and popular” cause. It was also about “the normalisation of a particular, boundary-free attitude to consensual sexual conduct that conflicts with the moral values of a great many Australian parents”.
The Government inquiry into religious freedom was told extra protections for people of faith were necessary in an increasingly secular era in which there is “hatred against people of faith” and where “there is no longer a consensus that religious freedom matters”. Professor Parkinson said a federal law to codify religious freedom “may be rarely invoked” against the states and territories, but would have a “more educative effect” as to the legal boundaries.