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'There was one controversy in which Lionel Bowen was involved that does provide good lessons for the contemporary Catholic considering the desirable law or social policy on a contested issue - lessons for the citizen weighing what is for the common good. Back in 1979 there was debate in the Parliament on a motion which was framed to stop Medicare funding of abortions. Bowen, a strict Catholic, was strongly opposed to the motion. He did not think the motion was about abortion. He thought it was about money.' Frank Brennan's 2017 Lionel Bowen Lecture
Same-sex marriage, the government tells us, is not a first-order issue. And yet it has grown to become a controversy so monumental it has overshadowed even the prospect of nuclear war with North Korea.
Three Commonwealth ministers faced the Victorian Court of Appeal on 16 June to make submissions as to why they shouldn't be charged with contempt of court. This extraordinary occurrence arose because the ministers made public comments about a sentencing matter still under deliberation. Andrew Hamilton has in these pages looked at how the ministers' comments might offend the presumption of innocence. However, there is a further issue at stake - a question of good government.
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
Our Church is presently a strained, outdated social institution with an exclusively male hierarchy and clergy. But it is also the privileged locus for us to be called to the banquet of the Lord sharing theology and sacrament which have sustained the hearts and minds of similar pilgrims for two millennia. Thank God for Pope Francis who is showing us the way, helping us to find meaning in our changing and chaotic world, putting a fresh spring in the step of all those Catholics holding in tension the prophetic and the practical, the theological and the humanist, the tradition and the contemporary reality.
Part of the cost of the double dissolution election last July has been the creation of a Senate with the largest, most diverse group of crossbenchers ever. This will make the passage of any new contested Budget measures difficult, particularly given the Prime Minister’s vulnerability on his right flank, and the Labor Party's propensity to mimic the Opposition tactics adopted previously by Tony Abbott. The government needs to create a clear narrative as to how it will achieve equitable and sustainable growth through this Budget.
It can be disconcerting to hear our family history told by a sympathetic outsider. I found Race Matthews' new book that treats Catholic engagement in public social issues fascinating in that respect. Matthews' perspective is that of a member of the Labor Party who admires Catholic Social Teaching, especially its commendation of the communal ownership of business enterprises. He sees the possibilities this presents for the reform of Australian society, particularly if adopted by the Labor Party.
The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.
Arguments for repealing 18C ignore the symbolic force of law in an imperfect society in which we live. In public life the One Nation Party, which is able to exert some influence on legislation in a fragmented parliament, regularly criticises Muslims. These views are also retailed by commentators in some mainstream media. They increase the anxiety of immigrants from Muslim nations. In such a context any weakening of 18C will be seen as the declaration of open season against such groups.
In these duplicitous times it's not surprising to find Nineteen Eighty-Four cited. In Airstrip One, WAR IS PEACE; FREEDOM IS SLAVERY; IGNORANCE IS STRENGTH - a Nineteen Eighty-Four equivalent of a Tweet with plenty of character space left to add insults. And all facts are alternative, as in the news, 'Oceania is at War with Eurasia', which becomes before your very eyes, 'Oceania has never been at war with Eurasia.' For events closer to home, Orwell's Animal Farm is disturbingly apposite.
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.
'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
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