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.So you can't make them go to scripture classes, but ethics classes can be replaced with, well, going back to re-runs of Lilo & Stich for example.
No First Amendment, but there's good old s116.Unfortunately section 116 only applies to the Commonwealth, not to States, and school education is a State responsibility. Courts have interpreted section 116 very narrowly in the past - basically, anything short of an explicit establishment of a national state religion seems to be okay.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.So you can't make them go to scripture classes, but ethics classes can be replaced with, well, going back to re-runs of Lilo & Stich for example.
CONSTITUTION ACT 1934 - SECT 46posted by Jimbob at 2:58 AM on August 2, 2011 [2 favorites]
PART V - General Provisions 46. Religious freedom
(1) Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.
(2) No person shall be subject to any disability, or be required to take any oath on account of his religion or religious belief and no religious test shall be imposed in respect of the appointment to or holding of any public office.
81. Having regard to the object of s 116, such a construction [by which "office under the Commonwealth" covers these chaplains] should be favoured. Let it be assumed that the Commonwealth Executive has entered into a range of contracts pursuant to which various govermmental functions and the provision of public services are to be carried out by private entities. If a narrow understanding of the notion of an office under the Commonwealth were adopted, it would be permissible for the Commonwealth to insert into each such contract a provision to the effect that the employees or independent contractors engaged by the private entities in question adhere to a given religious faith. It would be to deprive the "religious test" clause in s 116 of much force if the Commonwealth were able to circumvent its prohibition on religious tests merely by "sub-contracting" whole swathes of governmental activity.This (read alongside the surrounding paragraphs) looks like a much stronger argument and I'm a little surprised that at least the first defendant's submission doesn't address it in any meaningful way.
the High Court we have now is heaps smarterHow? (this is not snark, genuinely interested!)
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posted by adamt at 12:07 AM on August 2, 2011 [5 favorites]