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Religious freedoms extend only so far as they do not contradict the fundamental rights and freedoms of others. While all Australians should enjoy religious freedom, they also bear the right to non-discrimination and to the highest attainable standard of health. It is also unclear how positive discrimination is related to practising a religion.
Political insiders are those forces that use economic clout, political connections, extensive networks and reliable access to decision-makers to influence political outcomes. Outsiders, by definition, lack these characteristics. The Catholic lobby now doubts its own strength and influence. The education sector is a good example.
The common thread through all of these stories is the need to have a mature conversation about the ways in which we can afford a meaningful voice to our communities. If human rights are the benchmark, then rights must be afforded to all. It is not right that those with the least power must continue to compromise.
Wednesday will be a day of celebration for those wanting a 'Yes' vote. It should also be a day when we Australians recommit ourselves to respect for all citizens, especially those whose beliefs differ from our own. Our politicians led us into this divisive campaign. Now they need to lead us out of it.
'There was one controversy in which Lionel Bowen was involved that does provide good lessons for the contemporary Catholic considering the desirable law or social policy on a contested issue - lessons for the citizen weighing what is for the common good. Back in 1979 there was debate in the Parliament on a motion which was framed to stop Medicare funding of abortions. Bowen, a strict Catholic, was strongly opposed to the motion. He did not think the motion was about abortion. He thought it was about money.' Frank Brennan's 2017 Lionel Bowen Lecture
The debate over section 18C of the Racial Discrimination Act (18C) has gone on for far too long. It's time to bring it to a close. To date, I have been silent in the present debate, in part because I was a critic of such legal provisions when they were first proposed in 1992 and again in 1994. I have since been convinced that a provision like 18C could be designed to target racial vilification, leaving offensive insults beyond the reach of the law in a robust democracy committed to freedom of speech.
Two issues can be dealt with shortly. First, ministers of religion must be free to solemnise marriages in accordance with their beliefs. Second, there is no basis for extending a similar concession to marriage celebrants. The case of commercial service providers is more complex. Many argue that caterers, florists, reception centres and so on should be free to refuse to participate in same-sex weddings, on the basis of their religious beliefs. The case for the commercial exemption is unconvincing.
'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.
Election times are full of sound and fury, much of it broadcast on a loop. But they are also marked by silences. These silences indicate concealed perils in society. Asylum seekers and young Indigenous people are spoken about, often noisily, but always as the object of policy, not as people whose lives have been blighted by policy. The human beings who suffer are shrouded in silence. This silence is an ethical silence that covers people whom we want to keep out of mind.
Chris Puplick, a former senator and former president of the NSW Anti-Discrimination Board, is one of a rising chorus expressing strong objections to the Australian Catholic bishops daring to evangelise and speak publicly about their views on same sex marriage. I too would be very upset if my bishops were saying, as Puplick claimed in an opinion piece in The Australian, that homosexuals are 'seriously depraved, intrinsically disordered, less than whole and messing with kids'. But they're not.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
At the moment, the conversation on marriage equality vs traditional marriage is being driven by extremists on both sides, people who see the struggle as a polarised conflict with the goal of overwhelming victory. But most of us would find that victory unattractive no matter which side is triumphant. Instead, we can choose not to press the button, and to work together to allow both same-sex couples and practising Christians to live their beliefs faithfully, to the fullest of their flourishing.
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