Religious Freedom in Australia – A New Terra Nullius?

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The papers in this book flowed from a Religious Liberty Conference convened jointly by the Sydney School of Law of The University of Notre Dame Australia, the International Center for Law and Religion Studies at Brigham Young University and the Research Unit for the Study of Society, Ethics and the Law at the University of Adelaide in 2018. The papers reflect insights and concerns about religious freedom when the Ruddock Review was considering whether religious liberty in Australia needed greater protection. Since that time, the Morrison government has commissioned the Australian Law Reform Commission to report on five of the Ruddock recommendations, the Australian Human Rights Commission has released a discussion paper of its own and the Commonwealth Attorney-General has released a draft Religious Discrimination Bill for discussion. The matters raised in these papers remain valid.Table of ContentsIntroduction — Professor Iain T. Benson1 RELIGIOUS LIBERTY: A FORGOTTEN FREEDOM? — PETER KURTI2 FREEDOM OF RELIGION: THE NEW CONTEXT AND A REAL THREAT — ROBERT FORSYTHPart 2General Framework Governing Religious Liberty in Australia3 AN UNHOLY PATCHWORK QUILT: THE INADEQUACY OF PROTECTIONS OF FREEDOM OF RELIGION IN AUSTRALIA -MICHAEL QUINLAN4 THE CONSTITUTIONAL LIMITATIONS & IMPLICATIONS OF A RELIGIOUS FREEDOM ACT — LORRAINE FINLAY5 DOES AUSTRALIA NEED A RELIGIOUS FREEDOM ACT? — LORRAINE FINLAY, JOSHUA FORRESTER AND AUGUSTO ZIMMERMANNPart 3Specific Topics in Religious Liberty6 A CHRISTIAN FRAMEWORK FOR RELIGIOUS DIVERSITY IN POLITICAL DISCOURSE — ALEX DEAGON7 THE RELIGIOUS ROOTS OF “SEPARATION OF CHURCH AND STATE”: CONSTITUTIONAL IMPLICATIONS FOR MODERN AUSTRALIA — AUGUSTO ZIMMERMANN8 WHERE WOULD THE CONSTITUTIONAL SPACE BE LOCATED? FORB (Freedom of Religion and Belief) EFFORTS IN PARTNERSHIP WITH INTERFAITH DIALOGUE — BRIAN ADAMS4 RELIGIOUS FREEDOM IN AUSTRALIA – A NEW TERRA NULLIUS? 9 THE ECONOMIC IMPACT OF RELIGIOUS VOLUNTEERING AND DONATION — A. KEITH THOMPSON10 MEASURING THE ECONOMIC IMPACT OF RELIGIOSITY IN AUSTRALIA — BRENDAN LONG11 RELIGIOUS FREEDOM UNDER THE AUSTRALIAN CONSTITUTION AND RECOMMENDATIONS THAT RELIGIOUS CONFESSION PRIVILEGE BE ABOLISHED — A. KEITH THOMPSON12 SECTION 116 OF THE AUSTRALIAN CONSTITUTION IN THE CONTEXT OF FIRST WORLD WAR CONSCIENTIOUS OBJECTION — RICK SARRE13 EQUAL VOICE LIBERALISM AND FREE PUBLIC RELIGION: SOME LEGAL IMPLICATIONS — ALEX DEAGON14 GETTING RELIGION AND BELIEF WRONG BY DEFINITION: A RESPONSE TO SULLIVAN AND HURD — IAIN T. BENSONIndex

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