Rights charter no threat to religious freedom
Sydney Morning Herald
Friday July 31, 2009
Peter Costello makes a welcome contribution to the debate on human rights and religious freedom (€śThe legal threat to Christian schools€ť, July 29).He says my national committee is looking at a statutory charter of rights and that €śno one will tell you that the purpose of such a Commonwealth charter will be to curtail religious conscience or practice.€ťAs a Catholic priest who abhors trendy laws aimed at curtailing religious conscience or peaceful religious practice, I beg to differ.After many public consultations and having received about 40,000 submissions, may I suggest a cause for the misunderstanding that has arisen in Victoria?Three issues recur. First, the over-broad religious vilification law. Passed before the Victorian Charter of Human Rights and Responsibilities was enacted, it would be unlikely to pass muster under that charter. Second, the compulsory referral clause in last year's abortion law, which would never be judged compatible with the charter had the politicians bothered to seek and table a statement of compatibility, as the charter requires. Third, the 30-year review of exemptions (including those for religious schools) from discrimination laws €“ a timely review whether or not there was a charter.The Victorian charter has not caused any of these problems, uncertainties or disputes for religious Victorians. Its application might even help to protect the right to freedom of thought, conscience, religion and belief, which is included in the charter. But it would have to be more faithfully applied than it was in last year's lamentable abortion debate.Like Mr Costello, I do not want lawsuits to €śdecide the great moral questions of the age€ť. I hope they will still will be resolved by respectful public dialogue, robust parliamentary debate and the finest judicial reasoning. We need all three, don't we? That is what any worthwhile human rights discussion is about.Father Frank Brennanchairman, National Human Rights Consultation Committee, Yarralumla (ACT)
© 2009 Sydney Morning Herald