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Australia has never banned religion. In fact, freedom of religion is protected in Australia to varying degrees through the constitution and legislation at the federal, state, and territory levels. While the country has no official state religion, over 13.6 million Australians identify as religious, with 43.9% identifying as Christian. Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. However, in Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters. Australia has also taken steps to protect religious freedom, such as providing funding to improve security at religious schools and places of worship. While there have been debates and proposed legislation regarding religious discrimination, Australia has not banned the practice of any religion.
| Characteristics | Values |
|---|---|
| Freedom of religion | Allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level |
| Official religion | None |
| Religious freedom protection in constitution | Section 116 of the Constitution of Australia |
| Religious freedom protection in legislation | Federal anti-discrimination laws, State/Territory-based human rights Acts, and anti-discrimination laws |
| Religious discrimination laws | Sex Discrimination Act 1984, Age Discrimination Act 2004, Australian Human Rights Commission Act 1986 |
| Religious freedom review | Chaired by Philip Ruddock, the report was submitted to the government on 18 May 2018, and contained 20 recommendations to enhance religious freedom protection |
| Religious discrimination bill | Prohibits discrimination on the ground of religious belief or activity and creates the office of the Religious Discrimination Commissioner in the Australian Human Rights Commission |
| Religious schools discrimination | Religious schools have held the right to discriminate against teachers and students on the basis of their gender or sexual orientation since 2013 |
| Nazi symbols ban | In December, Parliament passed federal laws banning the Nazi salute and the display or sale of symbols associated with terror groups |
| Religious education in schools | The federal government provides funding to state and territory governments to support the employment of chaplains in public schools; chaplains may represent any faith and are banned from proselytizing |
| Religious affiliation of Australians | In the 2021 census, 43.9% of Australians identified with Christianity, 38.9% declared "no religion", and 13.6 million people identified as religious |
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What You'll Learn
Freedom of religion in Australia
Freedom of religion is allowed in practice in Australia and protected to varying degrees through the constitution and legislation at the federal, state, and territory levels. Australia has over 13.6 million people who identify as religious and close to 10 million who identify with no religion. The country is pluralist and has a legislated principle of state neutrality, with no state religion.
The Australian constitution restricts the Commonwealth from using religion as a qualifier or test for holding public office. Section 116 of Chapter V states:
> The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
However, this section does not prohibit the states of Australia from implementing such laws, meaning legislation at the state level could restrict or enforce religion. Two referendums were held to decide whether to restrict the ability of states to legislate laws that may impede religious freedom—in 1944 and 1988—but neither passed into law. As a result, Australian State and Territory governments can pass laws impeding religious freedom. Some states and territories have implemented a bill or charter of rights that include freedom and protection for religion. For example, Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. Queensland, Victoria, and the Australian Capital Territory also have freedom of religion protected in statutory human rights charters.
In 2017, the Australian government appointed an Expert Panel into Religious Freedom, chaired by Philip Ruddock, to examine whether Australian law adequately protects the human right to freedom of religion. The panel concluded that there was an opportunity to further protect and better promote the right to freedom of religion under Australian law and made 20 recommendations to enhance protection. The government accepted 15 of these recommendations and, in 2019, the Prime Minister and Attorney-General invited comments on three bills that addressed feedback following the first consultation process. The Religious Discrimination Bill, and associated legislation, will ensure Australians are protected from discrimination on the basis of religious belief or activity.
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Religious discrimination in schools
However, opponents of this position argue that such discrimination is unfair and infringes on the rights of individuals. Organisations like the Australian Education Union and Equality Australia advocate for the removal of religious schools' control over staffing and student enrolments. They contend that allowing discrimination based on religious beliefs is an attack on the rights of both students and teachers, particularly those from marginalised groups.
Federal anti-discrimination laws in Australia, including the Sex Discrimination Act 1984 and the Fair Work Act 2009, generally prohibit discrimination on grounds such as sex, sexual orientation, gender identity, marital status, and pregnancy. However, these laws have come under scrutiny for providing exceptions for religious educational institutions, allowing them to discriminate in "good faith" to protect the religious sensitivities of their adherents. This has sparked concerns about the potential for discrimination against LGBTQ+ students and teachers, as well as individuals with certain marital statuses or pregnancies.
In response to these concerns, the Australian Law Reform Commission (ALRC) has proposed reforms to address discrimination in religious schools. The ALRC's recommendations aim to prevent discrimination against LGBTQ+ individuals while allowing faith schools to maintain their religious communities. They suggest removing exceptions for religious schools in anti-discrimination laws, ensuring that they cannot expel or treat students differently based on their sexual orientation or gender identity. Additionally, the ALRC proposes reforms to hiring practices, suggesting that schools can prioritise staff based on their religion while refraining from discrimination based on sex, sexuality, or gender identity.
The debate surrounding religious discrimination in schools is complex and multifaceted. While some argue for the preservation of religious freedom and autonomy, others emphasise the need for equality and non-discrimination. The Australian government has committed to reforming federal anti-discrimination laws to address these concerns and ensure the protection of individuals' rights, including those related to religious beliefs and practices.
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Religious freedom and same-sex marriage
Australia has not banned religion; instead, it upholds freedom of religion in practice and protects it through its constitution and legislation at the federal, state, and territory levels. The country is pluralistic, with no state religion and a legislated principle of state neutrality.
However, the relationship between religious freedom and same-sex marriage has been a contentious issue in Australia. The recognition of same-sex marriage has progressed rapidly in Western societies over the last few decades, but it poses challenges to religious freedom. This is because the move represents a change in a nation's public morality and legitimizes a type of sexual activity that is in direct opposition to the teachings of mainstream religions.
In Australia, the High Court offered comments in the Commonwealth v. Australian Capital Territory (the ACT Same-Sex Marriage case), stating that the "marriage" power would support a federal law allowing same-sex marriage. Following this, in 2017, Australians voted in favor of marriage equality, and the Marriage Act 1961 was updated to reflect this. The Act now defines marriage as "the union of two people to the exclusion of all others, voluntarily entered into for life."
The conflict between same-sex marriage and religious freedom primarily revolves around the potential requirement for religious ministers to perform same-sex marriages in a religious ceremony. This would be seen as a serious undermining of religious freedom, as it would intrude on core religious teachings and practices. Religious organizations have also raised concerns about their involvement with same-sex marriages, such as hiring out spaces for wedding receptions or employing someone in a same-sex marriage at a religious school.
To address these concerns, religious organizations in Australia are given some exemptions from discrimination laws to allow them to act in compliance with their religious beliefs. For example, religious schools have held the right to discriminate against teachers and students based on gender or sexual orientation since 2013. However, the Ruddock Report recommended that schools be required to have a publicly available policy and prioritize the best interests of the child.
The debate around religious freedom and same-sex marriage in Australia has been ongoing, with proponents and opponents of various legislative measures aiming to balance the protection of religious freedoms with the recognition of same-sex marriages.
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Religious discrimination legislation
Freedom of religion is allowed in practice and protected in Australia to varying degrees through the constitution and legislation at the federal, state, and territory levels. While Australia is a pluralist country with no state religion, it has over 13.6 million people who identify as religious and close to 10 million who identify with no religion.
In 2018, the Religious Freedom Review, chaired by the former Attorney General Philip Ruddock, was handed to the government. The review was interpreted as a way to allow the speedy passage of Dean Smith's marriage bill and to postpone discussions of religious freedom. The Ruddock review recommended that religious schools should be required to hold a publicly available policy and put the best interests of the child first.
The Religious Discrimination Bill, and associated legislation, will ensure Australians are protected from discrimination on the basis of religious belief or activity. The legislative package implements key recommendations from the Report of the Religious Freedom Review to protect religious freedom in Australia. It comprises: the Religious Discrimination Bill, which prohibits discrimination on the ground of religious belief or activity and creates the office of the Religious Discrimination Commissioner in the Australian Human Rights Commission; and the Religious Discrimination (Consequential Amendments) Bill, which amends Commonwealth legislation to reflect the changes in the Religious Discrimination Bill.
In 2019, the Attorney-General invited submissions on the first exposure drafts of three draft bills, which together form a legislative package on religious freedom. The Prime Minister and the Attorney-General then invited comments on the second exposure draft of these three bills, which addressed feedback following the first consultation process. The Morrison Government Bill was shelved as some Christian groups indicated that, without certain protections guaranteeing them the right to discriminate against LGBTIQ+ and other groups, the Bill did not go far enough for them.
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Religious freedom and hate symbols
Australia is a pluralist country with a legislated principle of state neutrality and no state religion. The country's constitution and legislation at the federal, state, and territory levels protect freedom of religion to varying degrees. There are over 13.6 million religious people in Australia, and over 9.8 million Australians identify with no religion.
Despite the protection of religious freedom, there have been legislative moves and proposals to address "hate speech" and its implications for religious freedom. For example, the Criminal Code Amendment (Hate Crimes) Act 2025 (Cth; No. 1, 2025) commenced on February 8, 2025, amending provisions in the Commonwealth Criminal Code. While some changes are unrelated to religious freedom issues, they are still notable.
In recent years, Australia has seen a surge in threats of right-wing extremism, with far-right groups increasingly using Nazi symbols and performing Nazi salutes in public. Several Australian states and the federal government have enacted criminal laws penalizing specific symbols and gestures associated with the Nazi regime. These laws include exemptions for legitimate religious, academic, educational, artistic, literary, or scientific purposes. For instance, displaying the sacred swastika as part of religious observance is not an offence. Tasmania was the first state to ban the Nazi salute, and it is also the only state or territory whose constitution specifically grants citizens the right to profess and practice their religion.
The scope of hate symbol offences is determined by the executive government, with the Attorney-General maintaining a list of "prohibited symbols." Critics argue that this power should rest with the state parliament rather than a government member. The federal law is narrow, banning only the Nazi swastika and "SS double sig rune," but includes a separate offence for displaying symbols of terrorist organizations. Currently, three far-right groups are listed as terrorist organizations in Australia, and more are expected to be recognized as threats over time.
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Frequently asked questions
No, Australia has not banned religion. Freedom of religion is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state, and territory levels.
No, Australia has no official state religion.
In the 2021 national census, 43.9% of Australians identified with Christianity, making it the most common religion in the country.
Yes, freedom of religion is protected in Australia. Section 116 of the Constitution of Australia states:
> The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
