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Religious freedoms extend only so far as they do not contradict the fundamental rights and freedoms of others. While all Australians should enjoy religious freedom, they also bear the right to non-discrimination and to the highest attainable standard of health. It is also unclear how positive discrimination is related to practising a religion.
The discussion is widely framed as a conflict between secular and religious Australia, as if such entities existed, with secular Australia defending the rights of the LGBTIQ community and religious Australia wanting to shore up its right to discriminate against others on the basis of their sexuality. But it's not that cut and dried.
As Australia moves to a post-Christian state, there are numerous tendencies to see limits on the expression of religion as some kind of necessity. But religions remain legitimate voices in the political process and life of the community, and the space that permits the hearing of these voices is one of the marks of a healthy democracy.
Wednesday will be a day of celebration for those wanting a 'Yes' vote. It should also be a day when we Australians recommit ourselves to respect for all citizens, especially those whose beliefs differ from our own. Our politicians led us into this divisive campaign. Now they need to lead us out of it.
I said I would be very happy to play second fiddle. I wanted my presence to assist a respectful dialogue. I wanted to make it clear that a thinking and compassionate Catholic could have good reasons for voting yes. I wanted to insist that respect and endorsement of loving same sex relationships did not preclude consideration of issues such as freedom of religion.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
Two issues can be dealt with shortly. First, ministers of religion must be free to solemnise marriages in accordance with their beliefs. Second, there is no basis for extending a similar concession to marriage celebrants. The case of commercial service providers is more complex. Many argue that caterers, florists, reception centres and so on should be free to refuse to participate in same-sex weddings, on the basis of their religious beliefs. The case for the commercial exemption is unconvincing.
'The Institutional Church has so often taken smug refuge in pushing the need for an informed conscience. However this does not certainly mean personal freedom must bow to the stand of the establishment. The rights of partners to be honest in their own sexual matters is given due place in this new book.' Fr Michael Elligate launches Fr Frank Brennan SJ's book Amplifying That Still, Small Voice at Newman College, Melbourne, 5 June 2015.
In 2011 the US Supreme Court found it was not unlawful for members of Westboro Baptist Church to stage inflammatory protests at the funerals of US soldiers, whom the church believes are killed by God to demonstrate disapproval at tolerance of gay people. You might say 'only America', but recently something similar nearly happened here.
It is inconceivable that Catholic authorities would countenance the state interfering in the sacramental life of the Church. And any attempt to do so would quickly turn into an issue of freedom of religion. If the Royal Commission were to go down that path it could quickly find it had bitten off much more than it can chew.
Free speech is fundamental to democracy because it protects public discourse and freedom of religion. But while the right to free speech must to be respected even if it causes offence, we need to question what purpose is served by Alan Jones' attack on Julia Gillard, and the French cartoons.
Church groups in Australia have vigorously campaigned to protect themselves from particular equal opportunity laws. While there is agreement about a faith community's right to employ practising believers, there is plenty of room for disagreement as to how most prudently and charitably to exercise that right.
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