In a previous post I commented on the events surrounding celebrity rugby player Israel Folau’s posting on social media of a meme stating that various groups of sinners, including “homosexuals”, were destined for hell unless they repented and put their trust in Jesus Christ. He was immediately threatened with dismissal by his employer, Rugby Australia (“RA”), a threat subsequently implemented through an internal tribunal finding that he was guilty of a high level breach of the RA “code of conduct”.
It seems an appropriate point to comment on recent developments and to clarify what it seems Mr Folau’s legal options are.
I am pleased to provide today a second response to the Ruddock Report, by way of a “guest” spot from my friend and colleague Dr Alex Deagon, FHEA, Senior Lecturer, Faculty of Law, Queensland University of Technology.
In my former posts (here and here), O Friend of Law and Religion, I have dealt with all that the Ruddock Report covered in recommendations 1-12 and 15, along with the official Government Response to those recommendations. In this post I aim to cover recommendations 13-14 and 16-20. These deal with important issues of the law of blasphemy and religious free speech, along with State discrimination laws, collection of data, education on religious freedom, the role of the Australian Human Rights Commission, and the exercise of leadership in the area by the Commonwealth.
Following my previous post giving comments on Recommendations 1, 5-8 and 15 of the Ruddock Report and the Government Response, I will comment here on another set of recommendations (Recs 2-4, 9-12) and the likely outcome. Comments on recommendations 13-14, and 16-20, will (hopefully) be made in Part 3!
I am presenting a briefing to some members of the Synod of the Sydney Anglican Diocese providing an overview of the leaked recommendations of the Ruddock Report, and the three most important areas of reform flowing from those recommendations. The full paper can be downloaded here, and my Powerpoint presentation is available here: Ruddock summary PP.
In short, I think the three most significant areas are:
1.Rec 15, that the Commonwealth enact a Religious Discrimination Act (and rec 2, on principles to follow in drafting such an Act);
2.Recs 5-8, that religious schools generally remain free to run their schools consistently with their religious ethos; and
3.Rec 9, concerning parents being given notice by schools of teaching which might be contrary to their beliefs.
In the paper I explain why these are important. I also provide a brief indication of my views on the other recommendations in an Appendix to the paper.
An extraordinary claim before the Victorian Civil and Administrative Tribunal recently, Secular Party of Australia Inc. v the Department of Education and Training (Human Rights)  VCAT 1321 (27 August 2018), alleged that a child at a public school should be prevented from wearing Islamic religious garb in the child’s own interests! Thankfully the claim failed, but the fact that the case could even be argued illustrates the pressure that some groups on society are placing on parents and children of faith.
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.