Ruqayyah Snyder
Australia is one of the least religious nations in the developed world, with a diverse range of religions and no official religion. While the country's constitution enshrines freedom of religion, it also prohibits the federal government from making any laws that impose a state religion or religious observance. Despite this, legal protections for religious freedom in Australia have been criticised as inadequate, and there have been reports of increasing religious discrimination and antisemitism. The government has responded by introducing bills to strengthen protections against religious discrimination and promote religious tolerance.
| Characteristics | Values |
|---|---|
| Religious freedom | Protected by Section 116 of the Constitution of Australia |
| Religious discrimination | The Religious Discrimination Bill 2021 was introduced by the Morrison government |
| Religious educational institutions | There is debate over whether they should be allowed to "turn away and expel gay students" |
| Religious tolerance | The U.S. embassy and consulates general engaged with government officials and religious leaders to promote religious tolerance |
| Religious observance | The constitution bars the federal government from imposing any religious observance |
| Religious tests for public office | The constitution bars the federal government from establishing religious tests for federal public office |
| Religious discrimination laws | Individuals who suffer religious discrimination may have recourse under federal or state laws and bodies such as the Australian Human Rights Commission |
| Freedom of religion in state constitutions | The state of Tasmania's constitution specifically provides citizens with the right to freedom of religion |
| Increase in religious complaints | The Victoria State Equal Opportunity and Human Rights Commission received a reported 44 complaints involving religion from July 2020 to June 2021 |
| Antisemitic incidents | The Executive Council of Australian Jewry reported a rise in antisemitic incidents from 331 to 447 between October 2020 and September 2021 |
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What You'll Learn
Australia's constitution protects freedom of religion
The constitution also protects the "free exercise of any religion", which means that individuals are allowed to manifest their religious beliefs through their actions, as long as it does not infringe on the rights and freedoms of others. However, this freedom may be limited in certain cases, such as when it is necessary to protect public safety, order, health, or morals. For example, a legal requirement for railway workers to wear protective headgear for safety reasons would take precedence over a Sikh man's freedom to wear a turban.
While the constitution protects freedom of religion, it is important to note that Australia does not have a Federal Bill of Rights or a Human Rights Act, which has been criticised as a failure to solidify the de facto and de jure rights to freedom of religion. Instead, some states and territories have implemented their own bills or charters of rights, which include freedom and protection for religion. For example, the state of Tasmania specifically provides citizens with the right to profess and practice their religion, while Queensland, Victoria, and the Australian Capital Territory have freedom of religion protected in statutory human rights charters.
Despite constitutional protections, there have been instances of religious discrimination and intolerance in Australia. For instance, the Executive Council of Australian Jewry reported an increase in antisemitic incidents, including verbal abuse, assault, and harassment. Additionally, there have been debates around the need for further protections for religious freedom, particularly in the context of same-sex marriage, with groups like the Victorian Aid arguing that additional protections for religion are unnecessary and may infringe on an individual's right to be free from discrimination.
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Religious discrimination in Australia
Australia's constitution prohibits the federal government from establishing a state religion or religious observance, prohibiting the free exercise of religion, or imposing a religious test for a federal public office. The constitution also protects the "free exercise of any religion", unless it threatens public safety, order, health, morals, or the rights and freedoms of others. Despite these protections, religious discrimination in Australia has been a topic of discussion and debate in recent years, particularly in relation to the proposed Religious Discrimination Bill.
In 2017, the Australian government appointed an Expert Panel into Religious Freedom, chaired by Philip Ruddock, to examine the country's laws regarding freedom of religion. The panel's report, released in 2018, concluded that there was room for improvement in protecting and promoting religious freedom in Australia. The Morrison government then proposed the Religious Discrimination Bill, which aimed to prohibit discrimination based on religious belief or activity. However, the bill also included controversial provisions that would allow discrimination against LGBTQIA+ individuals and other marginalised groups. These provisions were met with strong opposition and criticism, with some arguing that they would institutionalise discrimination and create hostile environments in educational and workplace settings.
The debate around the Religious Discrimination Bill highlighted the complex nature of religious freedom and discrimination in Australia. While the bill sought to protect religious communities, it also risked undermining the rights of other groups, particularly those with diverse gender identities, sexual orientations, and beliefs. This tension between religious freedom and the rights of other communities has been a recurring theme in Australian politics.
In response to the controversy, the Labor leader Anthony Albanese promised, ahead of the 2022 federal election, to introduce changes to federal law that would ban discrimination against LGBTQIA+ students and staff by religious schools. He also committed to protecting individuals from discrimination based on their religious beliefs or lack thereof. These promises reflect an attempt to balance religious freedom with the rights of other communities, ensuring that religious freedom does not become a license to discriminate.
While the outcome of these promises and the future of the Religious Discrimination Bill remain to be seen, the ongoing discussions around religious discrimination in Australia underscore the country's commitment to fostering an inclusive and tolerant society. The involvement of various government bodies, such as the Australian Law Reform Commission and the Australian Human Rights Commission, reflects a concerted effort to address these issues and find equitable solutions that respect the rights of all citizens, regardless of their religious beliefs or lack thereof.
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Religious freedom and tolerance
Australia is one of the least religious nations in the developed world, with religion not described as a central part of many people's lives. This view is prominent among Australia's youth, who were ranked as the least religious worldwide in a 2008 survey. In the 2021 national census, 43.9% of Australians identified as Christian and 38.9% declared "no religion".
Australia has no official religion, and the country's constitution protects the "free exercise of any religion". 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."
However, this protection may be limited when deemed necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others. For example, individuals who suffer religious discrimination may have recourse under federal or state and territory discrimination laws, and organisations such as the Australian Human Rights Commission. The state of Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. In Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters.
Despite constitutional protections, there have been concerns about the adequacy of legal protections for religious freedom in Australia. Recent parliamentary inquiries have found that these protections fall short of international standards, such as those outlined in Article 18 of the International Covenant on Civil and Political Rights. The Ruddock Review and the Religious Discrimination Bill presented during the Morrison government have been criticised for not providing sufficient protections for religious freedom.
There has also been debate about the role of religious educational institutions and their ability to discriminate against LGBTQ+ students. While there is no evidence that students have been expelled from faith-based schools because of their sexual orientation, the negative framing of religious freedom as "a licence to discriminate" has been detrimental to the perception of religious schools. The Religious Discrimination Bill 2021, introduced by the Morrison government, aimed to address these concerns but fell short of providing full protections for religious freedom.
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Religious schools and LGBT+ rights
Australia's constitution protects the "free exercise of any religion" and prevents the federal government from imposing a state religion or prohibiting the free exercise of religion. However, this protection may be limited when deemed necessary to protect public safety, order, health, morals, or the fundamental rights and freedoms of others.
Despite constitutional protections for religious freedom, Australia has faced scrutiny for religious exemptions in laws that allow discrimination against LGBT+ people in religious schools and faith-based organisations. A 2023 United Nations report by the UN Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, highlights cases where teachers have been fired by religious schools due to their sexual orientation. The report also draws attention to government-funded faith-based service providers, such as foster care and adoption agencies, that can lawfully reject individuals based on their sexual orientation or gender identity.
In response to this report, Equality Australia emphasized the urgent need for protections across the country for LGBT+ individuals in employment, education, and service delivery within religious institutions. They shared stories of individuals directly impacted by the lack of legal protections in religious educational settings, including teachers who were fired from their positions because of their sexual orientation or same-sex relationships.
While the federal government has committed to protecting LGBT+ students and staff from discrimination in religious schools, the Australian Law Reform Commission's (ALRC) recommendations for reform are yet to be announced. It is important to note that these commitments primarily focus on educational institutions and may not address the broader issues within faith-based service providers.
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Aboriginal Australians and religion
Aboriginal Australians are the Indigenous peoples of the Australian mainland and its islands, excluding the ethnically distinct people of the Torres Strait Islands. Humans first migrated to Australia between 50,000 and 65,000 years ago, and over time, they formed as many as 500 language-based groups.
Aboriginal Australians have a strong connection to the land and their ancient religious beliefs span a huge era, probably before many of the dominant religions in the world emerged. Their religion and mythology are sacred spiritualities represented in the stories performed by Aboriginal Australians within each of the language groups across Australia in their ceremonies. Aboriginal spirituality includes the Dreaming (the Dreamtime), songlines, and Aboriginal oral literature. The Dreaming adds meaning to the whole country's topography from oral history told by ancestors from some of the earliest recorded history.
Aboriginal faith is preserved as oral traditions handed down through the generations and now considered mythology. There is truth in the myths, but modern interpretations might make the stories seem absurd. They revere many beings depicted as animals, plants, or other natural features. Their revered beings tend to fall into three categories: Creation Beings, who were involved in the creation of people and the environment; and Ancestral Beings, the ancestors of the Aborigines from Dreamtime who taught the original people to survive, hunt, and live.
Aboriginal Australians recognise an eternal Creator God ('High Gods') who initiated creation but then retreated to a 'distant realm of heaven where human beings cannot reach him'. The belief in a single eternal creator by many unique Aboriginal tribes that had remained isolated from each other provides strong proof for the existence of God rather than the concept of God as a figment of human imagination.
Aboriginal religion also includes many songlines that refer to the stars, planets, and the Moon. These complex systems serve practical purposes, such as navigation. The response to death in Aboriginal religion may seem similar in some respects to that found in European traditions, notably in the holding of a ceremony to mark the death of an individual and the observance of a period of mourning.
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Frequently asked questions
Australia has no official religion, and the government is barred by the constitution from making any law that imposes a state religion or religious observance, prohibits the free exercise of religion, or establishes a religious test for a public office. However, the government has been criticised for inadequate legal protections for religious freedom.
Australia is one of the least religious nations in the developed world, with 38.9% of Australians declaring "no religion" in the 2021 census. Of those who do follow a religion, 43.9% identified as Christian in the same census, down from 96% in 1911.
The federal government introduced a bill in November 2021 to make it unlawful to discriminate on the basis of religious belief or activity in public life. However, this has been criticised for falling short of the protections recommended by a separate inquiry.
Freedom of religion was enshrined in Section 116 of the Constitution of Australia in 1901. However, policies such as the White Australia Policy effectively limited the immigration of practitioners of different faiths, ensuring that Christianity remained the majority religion.
