Utilitarianism contra Sectarianism

Melleuish, Gregory C; Chavura, Stephen A.

doi:10.1093/acprof:oso/9780198753254.003.0004

Cited by 4 publications

(1 citation statement)

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“…The claim that Australia was a secular state is an 'illusion, brought on by an inadequate understanding of what religion, and the religious condition, means, together with a dash of wishful thinking'. 150 Rather, similar to the American situation, though it was felt that the community should have a religious character, the Commonwealth should avoid promoting any one religion (or denomination, as Australia at the time was almost universally Christian) over any other, and avoid hindering religious liberty. It was a climate which endorsed religion and aimed to advance religion, reflected through 'the avoidance of religious preference and the protection of individual and group autonomy in matters of religion as participants in the wider community'.…”

Section: Implications: Pluralism and Separationism In Section 116mentioning

confidence: 99%

Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116

Saunders¹,

Deagon²

2021

UNSWLJ

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This article critiques Luke Beck’s ‘safeguard against religious intolerance’ theory of section 116 of the Constitution. We argue that a plausible theory of section 116 must be able to account for the fact that, at Federation, Australia was an overwhelmingly Christian nation, which was opposed to the establishment of any religion but was not ‘secular’, and also for the fact that Australian society has become less religious but with many surviving remnants of the enmeshing of religion and the government. We argue that, consistent with the traditional understanding, section 116 has a federal purpose, being designed to distribute power to legislate in relation to religion throughout the Australian federation. Section 116 can also be seen as promoting religious pluralism, enabling interactions between religion and government. Beck’s theory, and its separationist implications, fails to adequately take these factors into account.

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Section: Implications: Pluralism and Separationism In Section 116mentioning

confidence: 99%