Following earlier announcements by the Premier of NSW, the rules regarding public gatherings in the State have been amended with effect from 1 July 2020, in the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (“PHO No 4”). This post comments on matters that relate to churches and other religious bodies. For my previous post on the rules under PHO No 3, see here.
In a controversial decision, the United States Supreme Court has held by 6-3, in Bostock v Clayton County, Georgia (No. 17–1618; June 15, 2020), that the prohibition of “sex discrimination” in the workplace in Title VII of the federal Civil Rights Act of 1964 means that an employer cannot discriminate on the basis of “sexual orientation” or “gender identity”. Both majority and minority focus strongly on the issues of how statutes should be interpreted. In my view the concerns expressed by the minority about the “literal” approach of the majority judgment are well-justified, as are the possible detrimental implications for religious freedom in the USA. I will also comment briefly on how similar issues would be resolved in Australia.
Further to my previous posts on the COVID-19 health rules affecting church services and activities (see here and here), and a paper I presented recently, the NSW Government has released amendments to the previous rules, which take effect today, June 13. This post provides a summary of the more important changes that will affect churches and other religious bodies.
Here is a paper I am presenting for the Presbyterian Gospel Society and Culture Committee on impacts of COVID-19 on freedom of religion:
Professor of Law whose research interrogates the interaction between law and humanities, with particular expertise in Law and Religion and Legal History. All views my own.
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