Trinity Western University loses before Supreme Court of Canada

Trinity Western University, an evangelical tertiary institution in British Columbia, has lost two cases it had brought protesting the decision of two Canadian Provincial Law Societies to not authorise graduates of their proposed Law School as able to practice in the Provinces. The reason for the denial of accreditation was that TWU requires students and staff to agree to a Community Covenant Agreement, which undertakes (among other things) that they will not engage while studying or working at TWU in “sexual intimacy that violates the sacredness of marriage between a man and a woman”. The Supreme Court of Canada, in two linked cases, has now held by a 7-2 majority that the Law Societies were justified in their refusal to accredit the TWU Law program, on the basis that any interference with religious freedom was minor, and that the Societies were entitled to take the view that the Covenant requirement imposed “harm” on LGBTQ law students. I disagree with both those conclusions, and believe that the dissenting judgment of Côté and Brown JJ is a far better analysis of the situation.

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Colorado Wedding Cake Baker wins before US Supreme Court

In Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, 584 U. S. ____ (2018) (June 4, 2018), the US Supreme Court by 7-2 overturned previous decisions against a Christian cake maker, Jack Phillips, who had declined to make a wedding cake for a same sex wedding. While the basis of the decision of the majority is fairly narrow, the outcome is clearly correct, and even in the narrow reasons offered by Justice Kennedy, there are a number of important affirmations which support religious freedom.

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Important study on the impact of religion on society

Yesterday saw the launch in Canberra of the first report by a body called the “Study of the Economic Impact of Religion on Society” (SEIROS), looking into the general impact of religious belief on the Australian community. The report, prepared by respected economic modellers at Deloitte based on a commissioned survey designed by researchers for SEIROS, can be downloaded here: Donating and volunteering behaviour associated with religiosity.

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Religious Freedom amendments introduced in NSW

Today the Rev the Hon Fred Nile, for the Christian Democrat Party, introduced a Bill to add “religious beliefs or religious activities” into NSW legislation as a prohibited ground of discrimination. The proposed Anti-Discrimination Amendment (Religious Freedoms) Bill 2018 will add new Parts 3B and 5A into the Anti-Discrimination Act 1977 (NSW) (“ADA”), making it unlawful in various areas to discriminate on the grounds of religion, or to subject religious bodies to a detriment. The proposals will also make it unlawful to penalise someone for holding views on marriage as the union of a man or a woman, or for holding the view that there are only two genders.

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Face-coverings and testimony in court

Should a Muslim woman who wears a face covering for religious reasons, be entitled to give evidence in court with her face covered? This important issue, which has been discussed in other common law jurisdictions, has now been considered in the NSW Court of Appeal, in Elzahed v State of New South Wales [2018] NSWCA 103 (18 May 2018). The Court concluded that no error had been shown in a ruling by a trial judge, that Ms Elzahad was not entitled to keep her face covered while testifying.

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Anglican cleric disciplined for entering same sex marriage

The recent decision of the England and Wales Court of Appeal in Pemberton v Inwood [2018] EWCA Civ 564 (22 March 2018) upholds what was in effect disciplinary action taken against a Church of England clergyman, the Reverend Canon Jeremy Pemberton, on account of his entering into a same-sex marriage. The decision is a sensible one which upholds the religious freedom of the Anglican church to operate in accordance with its fundamental religious beliefs.

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