I recently attended the launch of Professor Parkinson’s new book, Unshaken Allegiance. Professor Parkinson is an Emeritus Professor of Law and former Dean of Law at the University of Queensland. He has been an advocate for religious freedom for many years.

 

The book provides a quite comprehensive survey of changes in law in the area of religious freedom in Australia and other Anglophone countries particularly over the past decade.  He cites cases where the law now curtails freedom of religion, freedom of speech and freedom of conscience. In Australia legislation has been enacted in the various States and while much of the legislation which affects religious freedom covers similar areas, each State can have slightly different laws.

While he is conscious that our situation here in Australia is far less egregious than that of many countries where Christians are exposed to overt persecution, still there is an increase in threats to our freedom which could well escalate in the future.

As people of faith we have largely taken the idea of religious freedom for granted.

In our lifetime even some of the older sectarian attitudes have disappeared. The government has now come to recognise that faith-based schools have a contribution to make to the task of general education and are entitled to government funding. In recent decades the government has not sought to interfere with the way the schools give expression to the faith that inspires their existence. At least, until now.

In post Second World War period there was an effort to establish international covenants which outline universal human rights.  Over 170 countries are signatories to the International Covenant on Civil and Human Rights. This Covenant recognises religious freedom set within the rights of freedom of conscience, of expression, of assembly, and of association.

It is important to state that no right is absolute. Article 18 of the ICCPR recognises that the right to freedom of religion can be limited by law where it is necessary to protect public safety, order, health or moral or the fundamental rights of others.

Until recent times we have lived under this understanding and have enjoyed a sense that we are free to practice our faith, to seek to share our faith with others, and to witness to our faith in the public square. As Catholics we have felt that we can be identified as such and not expect to experience any hostility or censure. We know that this situation is now changing. Many Catholics no longer have confidence in being identified as a Catholic and so keep their faith to themselves in the workplace and in the public arena.

We are being silenced and various pieces of legislation and actions taken by activists have led to Christians being very cautious about what they say or do in relation to contentious matters.

We are now very circumspect in what we say and the forums in which we share our convictions.

Professor Parkinson’s book is most helpful in charting the changes that have taken place. He cites many examples in which Christians have been brought before tribunals and the courts. While not many have had to face severe penalties, still, as he says, the process is often the punishment. It is also true that publicity surrounding the cases has often led to a ‘chilling effect’. People are being silenced because of the fear of prosecution.

When governments have passed legislation concerning anti-discrimination which clash with other rights and freedoms, they have included exemptions for particular groups. Thus, there has been a certain recognition of the right for faith-based organizations to maintain their beliefs and values. The 1984 Sex Discrimination Act includes exemptions that protect faith-based schools. However, there have been several attempts to remove these exemptions claiming that they restrict the rights of others, especially when it affects a person’s sexual orientation or gender identity. Should these exemptions be removed faith-based organisations would become vulnerable to legal proceedings against them. Indeed their ability to function according to their beliefs and tenets would no longer be possible.

How far can governments go in regulating the way in which religious institutions conduct their affairs? The Commonwealth Constitution (s 116) offers some guarantee when it says that the Commonwealth shall not make any law which prohibits “the free exercise of any religion”. However, this has not stopped activists claiming that religions are in fact denying people equal opportunity for employment in their institutions, especially schools, because of a person’s sexual orientation or gender identity.

The book is also very helpful because its latter part addresses the question of how Christians might respond in various situations.

He emphasises, rightly, that the Christian wants to be a good citizen and obey the laws of the country. In a democratic country there is always the possibility of registering one’s opposition to some laws by voting out the government of the day at the time of an election.

However, it is now true that, for example, those in the medical profession can face issues of conscience where the law denies the right to full freedom of conscience. They can find themselves facing professional reprimand and even losing their jobs. Professor Parkinson is realistic when he says that matters may get worse and more Christians may face the threat of losing their employment.

The book is a very timely one. We are experiencing very significant legislative change which is inimical to our desire to live by our faith in freedom. As people of faith we will need to learn how to navigate our way, both as individuals and as organisations, through an increasingly complex and hostile environment.

The struggle for religious freedom, freedom of speech and freedom of conscience is an important one for Christians in twenty-first century Australia.