Towards a Constitutional Definition of Religion: Challenges and Prospects

Dr. Alex Deagon is a Senior Lecturer in the Faculty of Law at the Queensland University of Technology.

 


Definitions of “religion” are of central importance to creating the constitutional space for freedom of religion, for it is “religion” which receives protections in constitutional law and international law, and the definition of “religion” in “freedom of religion” will determine the scope of that freedom. However, attempts to define religion have proved to be controversial and contested.  There are many competing definitions by scholars and judges but no consensus has emerged. Some courts even refuse to define religion (see, for example, the 2013 Overview of the European Court of Human Rights’ Case-law of Freedom of Religion, para 11).

There are at least four challenges to defining religion.  (more…)

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Individual Spirituality and the Future of Freedom of Religion

Jeremy Patrick is a Lecturer for the University of Southern Queensland School of Law and Justice.[1]

 

 

The archetypal religious freedom claimant is a deeply serious, long-standing member of a religious organization who is faced with an agonizing decision: to follow the dictates of God or the laws of man. When judges and legal scholars think of religious freedom, they may think of such iconic issues as Jehovah’s Witnesses refusing blood transfusions despite the risk of death[2], the Amish gaining an exemption for their children from compulsory school attendance, or Jewish prison inmates demanding kosher meals[3]. With the sanctity of conscience given great weight, courts in major western liberal democracies have developed expectations that those claiming protection in this context must be sincere in their beliefs, that those beliefs must be recognizably religious, and that, nonetheless, important government objectives may still trump. 

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Religious Freedom and Same Sex Marriage Laws: Constitutional and Other Issues

Neil Foster is an Associate Professor at Newcastle Law School (Australia). His blog,  Law and Religion Australia,  treats Law and Religion issues not only in Australia and other Commonwealth nations, but in the United States and elsewhere.

Recognition of “same-sex marriage” has been proceeding apace in Western societies for the last few decades. Adoption of same-sex marriage, however, raises religious freedom issues. It does so because the move effectively amounts to a change in a nation’s public morality and takes a stance on the issue as to what kind of sexual activity is legitimate, which is in sharp opposition to the views taken by mainstream religions for many years. Representatives of those religions have long been involved in solemnizing marriages; questions now arise as to whether they will be required to solemnize same-sex unions. Similar issues arise for believers involved as small businesses in related “wedding industries.” At a broader level, the change means that many religious groups are now opposed to the wider societal consensus on the question of sexual morality, and questions are raised as to whether they will still be able to play a role in the public life of the community.

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