I’m very pleased to note that the latest online issue of the Australian Journal of Law and Religion (2024, vol 5) has just become available (free to download) here. The issue contains a number of really interesting articles I am looking forward to reading- I will list the Table of Contents below. (Of course it goes without saying that I might not agree with everything said by the other authors, nor they with my views- but that is what a robust academic debate is about!)

But I hope I will be forgiven for highlighting two articles of particular interest to me. One is a book review by Jacob Carson, who is a current undergraduate law student at the University where I have the privilege to work. The other is an article that I have written, which is labelled a “surrejoinder” : “Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler“. This somewhat unusual word is used when something is published as part of an ongoing academic debate.

I published an article in volume 1 of the AJLR arguing that, where Commonwealth laws provide a more generous regime for religious bodies accused of sex discrimination, than that provided by States and Territories, that the effect of s 109 of the Constitution is that the Commonwealth law will prevail over the other laws.

 In volume 2 of the journal, Nicholas Butler provided a rejoinder to my article, arguing that I was wrong to suggest that the effect of s 109 of the Constitution would be that such State laws would be inoperative. In this volume I continue the debate with my “surrejoinder”, and maintain that my earlier arguments were correct. This issue continues to be significant, as increasingly laws enacted by States and Territories make it harder for faith-based organisations and educational institutions to operate in accordance with their faith commitments. In those circumstances, while the Commonwealth laws provide a reasonable balance between rights of religious freedom and rights not to be discriminated against, such bodies should, I argue, be able to rely on the protections provided by Commonwealth law.

I commend the debate to those interested. The other articles in this volume are noted below; it is good to see in particular articles published as part of a co-operative venture with a key US website which comments on religious freedom issues, “Canopy Forum”. All of the articles are available here, either as a single download of the whole issue or separately.

Alex Deagon and Jeremy Patrick, Editorial (pp. i-ii)

Articles

Brady Earley, Religious Exemptions in Ancient China (pp. 1-13)

Rosemary Teele Langford and Malcolm Anderson, Religious Charities in Australia: Implications for Governance Under Traditional Values and Outlooks (pp. 24-39) 

Joseph Lee, Religious Institutions and Personal Injury Compensation Claims for Abuse: The Noteworthy Significance of Insurance (pp. 40-61) 

Interviews

Hon. Michael Kirby, AC CMG, An Interview on Faith and Sexuality with Michael Kirby (pp. 62-70) 

Book Reviews

Michael F Bird, Religious Freedom in a Secular Age: A Christian Case for Liberty, Equality, and Secular Government (Review by Jacob Carson) (pp. 71-73) 

John Witte, Jr. and Rafael Domingo (eds.), The Oxford Handbook of Christianity and Law(Review by Alex Deagon) (pp. 74-75) 

Robert F. Cochran Jr., The Servant Lawyer: Facing the Challenges of Everyday Faith in Christian Law Practice (Review by Benjamin B Saunders) (pp. 76-78) 

Special Topic Forum: The Rise of the Nones (co-published with Canopy Forum)

Rhys Gower and Adam Possamai, The 2021 Australian “Mark ‘No Religion’” Campaign (pp. 79-82) 

Anna Halafoff, Andrew Singleton, and Elenie Poulos, Querying “No Religion”: State, Society, and Spirituality in Australia (pp. 83-88) 

Jeremy Patrick, A Brief Rejoinder to Movsesian on ‘The New Thoreaus’ (pp. 89-91)

Jesse M. Smith and Ryan T. Cragun, The Push Away from Religion and the Pull Toward Secularity: The Rise of the Nones in the United States (pp. 92-96)