Freedom of conscience, thought and religion - but perhaps not in Victoria

In the third place, the Options Paper, as if stricken by amnesia, completely ignores the centuries old hard fought legal framework for freedom of religion.

The proposed amendments to sections relating to religious freedom will have a detrimental impact on the guarantee of religious freedom granted in another piece of state legislation - the Victorian Charter of Human Rights.

It is critical to understand that the Charter is the domestic manifestation of various UN documents previously alluded to. These documents bind Australia in conscience and often in law. SARC must consider the matters before it in the light of the full scheme of UN protection of religion. Additionally there may well be Federal legislation given under the Commonwealth’s external affairs power that parallel the existing exemptions.

Our contention is that if the proposed changes become law, freedom of religion will be diminished.

The UN makes it very clear that overwhelming need must be demonstrated before religious freedom is narrowed by any state.

There is nothing in the Options Paper presented by SARC that could possibly support such a need. These changes are strongly opposed as a matter of faith, human rights and the common law.

The State Government ought not to be considering meddling with international rights that are just about embedded in our DNA! A general outcry from all interested Victorians can arrest these changes.

These rights are important for all Victorians, whether Christian or Muslim, Jewish or of no faith. We must not allow our politicians to interfere with matters of faith (unless other issues of law are threatened). It becomes a very slippery slope indeed when governments bow into areas that have a clear “private property” sign up, particularly given s116 of the Australian Constitution, preventing the Commonwealth from prohibiting the free exercise of any religion.

If the changes are made, they will certainly be challenged by the Christian Church using all means at its disposal, including legal challenge and civil disobedience based on religious conscience. That this should be the case will be but a reflection of the depth of Christian feeling on these issues.