The membership decisions of religious organisations: Equality, religious liberty and freedom of association

The merit of a provision that regulates the membership decisions of religious organisations is typically assessed according to the right to equality and religious liberty. Although such rights are of central importance in assessing such a provision, it is necessary to also consider other relevant considerations in order to reach an informed conclusion on the appropriateness of the provision. Freedom of association is a right that is often neglected in this context. This article argues that any assessment of the merits of a provision that impacts on the membership decisions of religious organisations should have a strong focus on freedom of association considering the importance of this right