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New NSW “Religious Vilification” law

An amendment to the NSW Anti-Discrimination Act 1977, making certain types of speech connected with religion unlawful, commenced operation on 11 November 2023. The amendment, made by the Anti-Discrimination Amendment (Religious Vilification) Act 2023 (No 15 of 2023) (“the ADA”), is a form of “religious vilification” law which has not previously been in force in NSW. It is not as bad as some forms of such laws in terms of its effect on religious freedom, but it is worth being aware of its potential operation. It will be important, for example, for those preaching and teaching the Bible (or other religious texts) to understand what the law does, and perhaps more importantly, does not, prohibit.

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Two cases on sex and gender identity

Two recent Australian cases raise important questions about sex and gender identity as legal categories. One, a decision of the highest appellate court in NSW, held that a change in sex under the law of a State does not require a change to be made in a marriage certificate issued under Commonwealth law. The other is a decision still awaiting a final hearing in the Federal Court, where the operator of a females-only only social networking site is being sued for her decision to exclude an applicant who was born biologically male but has since undergone “gender affirming surgery”. Though neither case explicitly involves anyone whose views are based on religious beliefs, both raise important issues which connect with “law and religion” interests, and are worthy of noting.

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Law and Religion in the Commonwealth- paperback version

I previously posted about the publication of an edited collection of papers on Law and Religion issues around the Commonwealth, of which I am one of the editors. The book was available in hardcover and in an ebook version, but is now about to be released as a paperback in December. (The only difference is the reduced price!)

The publication date in Australia and New Zealand is 28 December 2023 and the webpage can be found here: https://www.bloomsbury.com/au/law-and-religion-in-the-commonwealth-9781509950188/. 

Readers of this blog can use the discount code GLR AQ7 , which entitles you to a 20% discount off a purchase of the book made on the Bloomsbury website. 

Just as a reminder:

Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context.  

The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. 

The cases are divided into four sections covering:
– Foundational Questions in Law and Religion
– Freedom of Religion around the Commonwealth
– Religion and state relations around the Commonwealth
– Rights, Relationships and Religion around the Commonwealth.

Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: 
– Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia
– The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia 
– Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights 
– R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights.  

The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.

My chapter is an analysis of the key Australian case, Christian Youth Camps Limited v Cobaw Community Health Services Limited and is sub-titled “Balancing Discrimination Rights with Religious Freedom of Organisations”.

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Freedom for Faith conference- Nov 6, 2023

I am pleased to share details of the Freedom for Faith annual conference- this should be a great day to consider religious freedom issues in Australia. (I am on the board of Freedom for Faith, and would encourage anyone interested in this area to support the organisation as it seeks to advocate for religious freedom for all!)

Freedom for Faith invites you to its annual conference, FREEDOM23, on November 6th at Village Church Annandale (Sydney) and live streamed.

FREEDOM23 will inform you about the current threats to religious freedom and their effects on families, churches and faith organisations, equip you to be ready for what lies ahead, and to advocate for religious freedom now, and encourage you in the knowledge that together, our voices can be heard.

The day will be particularly helpful for church and other religious leaders, those working in faith organisations, and anyone concerned about threats to religious freedom.

FREEDOM23 speakers include:

  • Max Jeganathan – Senior Research Fellow at the Centre for Public Christianity (CPX), former lawyer and policy advisor.
  • Mike Southon – Executive Director of Freedom for Faith
  • Dr Alex Deagon – Associate Professor of Law, QUT
  • Nick Jensen – Political liaison for the Australian Christian Higher Education Alliance (ACHEA)
  • Peter Fowler – CEO of The Anglican Schools Corporation

For in-person and streaming tickets: https://fff.org.au/f23.

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Vilification claims based on critique of drag queens event dismissed

The Queensland Civil and Administrative Tribunal, in its decision yesterday in Valkyrie and Hill v Shelton [2023] QCAT 302 (18 August 2023), has dismissed claims of vilification based on sexual orientation or gender identity, made against conservative commentator Lyle Shelton. The careful decision of Member Gordon reveals a number of uncertainties still surround the interpretation of this and other similar laws around Australia, but finds in the end that comments critical of the participation of the complainants in a “drag queen library event for children”, did not amount to the incitement of hatred towards, serious contempt for, or severe ridicule of the complainants on the ground of their sexuality or gender identity in contravention of section 124A of the Anti-Discrimination Act 1991 (Qld). There are a number of points in the decision worth noting.

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Christian graphic designer not required to produce websites for same sex weddings

In a much anticipated decision, the US Supreme Court (by 6-3) in  303 CREATIVE LLC v. ELENIS 600 U. S. _ (2023) (30 June 2023) has ruled that a Christian graphic designer cannot be required by Colorado law to produce websites supporting and celebrating same-sex weddings, contrary to her religious beliefs. The ruling was based on the US First Amendment protection of free speech, and sets out a principle that the government cannot compel citizens to say what they object to saying, in an “expressive” business like web design, even if that business provides services to the public. It seems clearly correct, and will be helpful in protecting free speech on a range of issues, but in particular will support religious freedom. But, contrary to some comment, it is not a “license to discriminate”. The decision does not allow refusal of ordinary commercial services to same-sex attracted people. It only relates to the sort of artistic and expressive work engaged in by the designer.

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