Anti-Discrimination Laws for Both Religion and Sexual

Anti-discrimination Laws for Both Religion and Sexual Orientations
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ANTI-DISCRIMINATION LAWS FOR BOTH RELIGION AND SEXUAL
ORIENTATION
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Anti-discrimination Laws for Both Religion and Sexual Orientations
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Part 1
Australia has been a secular state since the founding of the Federation. Through
legislation, Australia has been attempting to meet the human right of freedom recommended
by United Nations Human Rights Office of the High Commissioner. Thus, in 1901, the
Federal Constitution provided for secularism, enabling many different religious views and
voices to function in the community. A clause called "Article 116" sets out the rules of the
federal parliament and must not be established or established. Religious laws, so we cannot
have an Australian national church.
To date, the religious freedom in the Australia is still given a lot of priority. In a
recent review on religious freedom, a number of recommendations were made on how to
protect freedom of religion1. The Australian coalition government has introduced a bill that
would make it illegal to discriminate against people because of their religious belief or
activity. The proposal was created to be implemented as a compromise assumed for the 2019
federal elections. The legislation would also establish a religious freedom commissioner in
the Australian Human Rights Commission. Also, it would amend existing laws such as the
Marriage Act 19612 and Charities Act 20133. It would be determined that religious groups
cannot be required to make their properties available for celebrations of same-sex marriages.
According to recent review, the government is forging ways on how to balance the claims of
religious freedom rights and the so-called “LGBT” rights (lesbians, gays, bisexuals and
transsexuals). It is true this that the issue comes. While LGBT are agitating for their rights,
the churches consider their move as against religious ideals. LGBT, for example, expects to
be hired even in churches. This does not go well with most churches.
1 Australian Government. Australian Government response to the Religious Freedom Review
(Australian Government 2018).
2 Marriage Act 1961 (Australia)
3 Charities Act 2013 (Australia)

Anti-discrimination Laws for Both Religion and Sexual Orientations
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Although religious freedom is prioritized in Australian Constitution and laws, some
ideals of religious freedom comes in conflict with other human rights. Thus, one key legal
issue is how to achieve freedom of religion without creating conflict between religion and
other human rights. Australia has been having a debate on religious freedom in recent years
regarding the secret of confession, hiring decisions and same-sex marriage. Churches are
rejecting a bill of same-sex marriage that states that it does not adequately protect people of
faith. They say there was "nothing" in the bill that prevented people from expressing their
religious beliefs, but they are concerned about the future ability of governments to undermine
their religious rights in the future.
Another issue is that powerful interest groups are agitating for their rights and may
marginalize religious beliefs. There is a lack of understanding on how the religious freedom
can be promoted with other laws such as same-sex marriage.
Part 2
The group of lesbians, gay, transgender and bisexual (LGBT) lives a complicated
situation globally. The struggle for civil rights is translating into important victories in
Western countries with the passage of laws that punish discrimination and legally equate
same-sex couples. In the eighties, that same-sex people could marry and enjoy the same
rights as other couples was unimaginable even for the LGTB collective itself. But the speed
at which societies have been evolving in one part of the world has made it possible for these
unions to be a reality today.
Since World War II, Australian society has been aligning with the America in terms
of values and the rule of law. Every move by the United States has a considerable influence
on Australia. The US Supreme Court ruled in June 2015 that same-sex marriage is a
legitimate right in the United States and is one of the basic human rights. By 2016, the fight