Can a Roman Catholic agency involved in placing foster children with carers, decline to place children with same-sex couples because of its religious commitment to the value of traditional marriage? The US Supreme Court recently handed down a significant religious freedom decision in Fulton v City of Philadelphia, Pennsylvania (593 US ____ (2021); No 19-123; 17 June 2021) which ruled 9-0 in favour of the Catholic agency. This is an important decision, although it did not quite go far enough in clarifying the interpretation of the US First Amendment. As decisions in the US often resonate in other parts of the world, I thought it would be helpful to set out the reasons of the court, and to briefly discuss another case which has already been decided based on its reasoning. (That case involves some Amish people and their plumbing arrangements!)
Following on from my recent post outlining COVID-19 restrictions that will impact NSW churches, the NSW Health Minister has now issued an exemption under the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 (the “TMGR Order”), cl 25, dealing with singing in live-streamed services and in places of public worship outside Greater Sydney (where gathering for church in limited numbers and with face masks is still permitted). The Minister is to be commended for responding to concerns that have been raised by advice given by officials of his Department to some churches (for the content of the advice and some comment, see this article from 2 July from Eternity.) In my view, however, the advice given was wrong, and the exemption that has been issued today was unnecessary- the official TMGR Order already allowed the activities that were wrongly said to be prohibited by Health Department advice. I will try to unpack these things here.
There are a number of restrictions on church activities in NSW at the moment under rules introduced to manage the current outbreak of cases in Sydney. In this post I will try to briefly summarise what I think is the best interpretation of the rules. These rules are generally in place until midnight Friday 9 July. Keeping up with the various version of the Public Health Orders is not easy. The two main ones at the moment are the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 (No 282 of 2021) (“the TMGR Order”) and the Public Health (COVID-19 Mandatory Face Coverings) Order (No 3) 2021 (No 279 of 2021) (“the Face Coverings Order”).
A Colorado District Court has handed down a decision imposing a penalty on a cake-maker for declining to provide a cake designed to celebrate a “gender transition”, in Scardina v Masterpiece Cakeshop Inc (Denver District Ct, Co; 19CV32214, 15 June 2021). If the name of the shop sounds familiar, it will be to those interested in “law and religion” issues in recent years. Jack Phillips and his Masterpiece Cakes business were previously sued, all the way to the US Supreme Court, because he had declined to make a cake designed to celebrate a same-sex wedding (for my comment on the Supreme Court decision, see “Colorado Wedding Cake Baker wins before US Supreme Court” (June 5, 2018). Sadly it seems that Mr Phillips will need to appeal this latest decision as well.
The view that biological sex is immutable and that a man cannot become a woman is, of course, controversial today. But in a very welcome decision, the UK Employment Appeal Tribunal in Forstater v CGD Europe  UKEAT 0105_20_1006 (10 June 2021) has now overturned a previous single judge decision, and ruled that such a belief is “worthy of protection” as a “philosophical belief” under UK discrimination law. The decision, while not based on religious belief, will have important implications for protection of religious freedom in the UK, and hopefully in other parts of the world as well.
This question has been raised by a report that a Victorian council has required its employees to add a graphic to their email addresses featuring a “rainbow flag”. One employee is reported as saying:
the rainbow flag can look like moral support for identity politics or sexualities prohibited by many religions in this multicultural area
This is an important issue which will present challenges to employees of organisations which are determined to make political statements on various causes. To what extent can an employee in such an organisation decline to provide their own support for the stance taken by their employer, where the “core business” of the organisation is not involved? In this post I want to consider religious freedom protections that might apply in the reported circumstances.
A debate over the extent of religious freedom laws has arisen in NSW after an incident at a school where one student was stabbed by another, who was wielding a “kirpan”, a religious symbol in the form of a dagger worn by Sikhs. Politicians have expressed surprise that knives are allowed at schools at all, and there has been an announcement on Tuesday 18 May that from Wednesday 19 May there will be a ban implemented. It seems worthwhile to discuss the legal issues.
Let me commend this event, the “Religious Freedom weekend” to be celebrated over June 11-13, 2021; details available at this website: https://www.religiousfreedomweekend.com.au . The weekend is being sponsored by Freedom for Faith, a legal think-tank supporting religious freedom in Australia which I am proud to be associated with. This is not a conference, but simply a weekend where we are encouraging believers all over Australia, and those who just support the important human right of religious freedom, to celebrate religious freedom and consider what they can do to support this right.
There is a Resource Pack outlining some current challenges, with some suggestions for prayer for churches and other religious groups. There is a call which can be sent to Members of Parliament to support proposals to protect religious freedom, especially through laws prohibiting religious discrimination. Church leaders can also email for further resources.
I think this is a great resource and encourage all those who read this blog to support it and share it with others!
The recently released NSW Parliamentary Report of the Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020 (handed down on 31 March 2021) has recommended that the NSW government introduce amendments to make it unlawful in NSW to discriminate on irrelevant grounds relating to religious belief or activity. The proposals supported by the Committee are a good idea and I think their recommendations (with a couple of minor reservations noted below) should be implemented.
A new Public Health Order will apply from the beginning of Monday 29 March 2021 to churches in NSW: the Public Health (COVID-19 Gathering Restrictions) Order 2021. One of the biggest changes is that there will no longer be restrictions on singing in services (hooray!) There was actually a temporary exemption in place over the weekend of 27-28 March to allow this to happen a bit early. But this new CGR Order will now operate on a long-term basis. In this post I will just summarise the provisions affecting churches, and where they can be found in the new Order.