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The presumption of innocence has recently been in the dock, notably in the curious affair of the three federal Ministers and the Victorian Court of Appeal. Other cases have raised the question whether in our society the presumption that those accused of crimes are innocent until found guilty is yielding. Is it now the case that people who have been found guilty in the court of public opinion have to prove their innocence, and that courts will be judged to have failed unless they ratify the guilty verdict?
This evening, we come together deliberately as people of diverse faiths and none, affirming the blessing of life in an inclusive country where all world views are to be respected. We are able to affirm that our spiritual lives sustain and strengthen our public lives and the vitality of the polis. Our Muslim hosts show us how to give thanks reverently for all the blessings of life, and how to attest publicly the spiritual dimension of all human life. Those of us who are migrants or descendants of migrants need to be particularly attentive to the yearnings and aspirations of those Australians who rightly claim an indigenous heritage with ancestors who have thrived on this continent for up to 60,000 years.
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
We talk about how there are all sorts of illuminated beings in every sort of context, and how some beings serve their fellows by being great listeners, and others have healing hands, and others are good at getting everyone to come to a disgruntled agreement, and how some are lucky to discover that their skill, their gift, the thing they love to do and do really well, is to pay fierce attention to the holy of everything, to notice the flourish and song of holy and the awful of bruised and broken holy, and report on this to their brothers and sisters, which is, of course, everyone.
The European Union, according to Assange, has been captivated by an unhealthy interest in indefinite detention: 'There is no time limit that someone can be detained without charge. That is not how we expect a civilised state to behave.' Prematurely, tabloid press and outlets were wondering if the latest developments meant the end of the drama. A statement from the Metropolitan Police dispelled any doubts about Assange's plight, should he wish to leave his narrow digs in Knightsbridge.
Australia has long had a successful migration program, and the country's economic success is proof of this. So when Turnbull calls a press conference to impart the news that 'membership of the Australian family is a privilege and should be afforded to those who support our values, respect our laws and want to work hard by integrating and contributing to an even better Australia', he is making a redundant point. The vast majority of migrants and new citizens already do this.
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.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
It is good news that Pope Francis has appointed a commission to revisit Liturgiam Authenticam. This Vatican document, issued on 28 March 2001, provided the unfortunate guidelines that 'justified' the ugly, Latinised translation foisted on English-speaking Catholics by the 2010 Missal. I sincerely hope that Francis' commission will not merely revisit the document but strongly press for its repeal. The road will then be open to revisit the clumsy, difficult 2010 Missal and replace it.
The right wingers who support stripping people of their visas, and separating families in the process, have a point when they say that the US government is not beginning a new persecution, but merely continuing and deepening the persecutions of their predecessors. While previous administrations were more subtle in their actions than Trump's, it is undoubtedly true that the nationals now picked for sanction were those who were already targeted for visa penalties in the Obama years.
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.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
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