Commonwealth Religious Freedom Review Submission

A number of recent cases in Australia and overseas have highlighted an emerging tension between the human right of freedom of religion and belief, and the human right to be free from discrimination. This has manifested in conflicts between religious freedom and anti-discrimination law, particularly in relation to sexual orientation and same-sex marriage. During the same-sex marriage debate both supporters and opponents claimed anti-discrimination law could be used to unduly restrict religious freedom once same-sex marriage was recognised in law. Any constitutional protection of religious freedom in Section 116 of the Australian Constitution is questionable due to the historically narrow construction of the free exercise clause by the High Court, and the fact the free exercise clause does not apply to State anti-discrimination law..