Law and Religion Down Under

Late last year, in a case named Bird v DP, the High Court of Australia overturned a trial court’s finding that the Ballarat Diocese of the Catholic Church should be held vicariously liable for the sexual abuse committed by one of its priests in 1971.  With me to discuss this important case is Associate Professor Neil Foster of Newcastle Law School, an academic who teaches and researches in the ...

Our topic this episode is religiously-affiliated law schools and how a legal education in one differs than in a secular law school.  The United States has 65 religiously-affiliated law schools, Australia has two, and Canada—a country often compared to Australia in size and background—has none.  My guest is Professor Keith Thompson from the University of Notre Dame Australia, one of two religiou...

How has the political discourse around religious freedom in Australia changed in recent years?  This episode’s guest is Dr Elenie Poulos, an academic from the Macquarie School of Social Sciences and the author of several recent papers on the topic. Learn more about Dr Poulos’ work on her Macquarie University Staff Page (https://researchers.mq.edu.au/en/persons/elenie-poulos) . Read the articl...

In 2021, the International Theological Commission of the Catholic Church released a major policy document titled "Religious Freedom for the Good of All".  This episode features my contribution to a blog series on the document (https://talkabout.iclrs.org/2021/05/27/dignitatis-humanae-2-0/) hosted by the International Centre for Law and Religious Studies. Theme Music: "Sunbeams in the Stained G...

Our topic for today is witchcraft and sorcery.  Even today, in some parts of the developing world, an accusation that a person is a witch can lead to assault, torture, and even murder.  This episode features an interview with Professor Miranda Forsyth from the School of Regulation and Global Governance at ANU.  Professor Forsyth is a chief investigator of a major multi-year project on how to be...

Section 116 of the Australian Constitution guarantees the free exercise of religion.  Yet, the High Court has always given the provision a very narrow interpretation.  Recently, some scholars have suggested a new test, "structured proportionality", should be applied in the context of freedom of religion.  In this episode, Guy Baldwin, a Lecturer in Law at the University of Manchester, discusses...

One of the distinctive features of much recent law and religion scholarship in Australia is the conscious integration of theological concepts into legal analysis.  How does an explicitly religious worldview fit into a secular legal system?  With me today to talk theology and jurisprudence is Associate Professor Joshua Neoh from the ANU College of Law. Learn more about Associate Professor Joshu...

Should the "spiritual but not religious" or "Nones" (individuals who are not members of organised religious groups) be able to make freedom of religious claims?  In this special episode, I join a fascinating debate in the legal literature by presenting my views in a rejoinder to those of Professor Mark Movsesian. Read Professor Movsesian's article "The New Thoreaus (https://papers.ssrn.com/sol...

In many jurisdictions in Australian, public schools are allowed or even required to offer students religious instruction classes.  In recent years, this practice has become more controversial.  With me to talk about religious instruction in the public schools is Dr Jennifer Bleazby, a Senior Lecturer at Monash University. You can learn more about Dr Bleazby's work at her Monash University staf...

The results of the recent census confirmed the expectations of those who study the demographics of religious identity in Australia: change is happening, and it's happening fast!  This episode features an interview with Professor Adam Possamai of Western Sydney University, author of a new book titled 'Religion and Change in Australia.'  We'll discuss the census results, whether the trends will c...

Welcome to Season 3 of Law and Religion Down Under! In this episode, we turn our attention to Indonesia.  Indonesia is a sprawling majority-Muslim democracy with growing influence in the Pacific region.  This episode features an interview with Professor Robert Hefner (Boston University), an expert on the relationship between religion and the state in Indonesia.  Join us for a discussion of “re...

Roger Herft was a long-time Bishop of the Anglican Church in Australia. But when an investigation revealed a pattern of inaction toward reports of sexual abuse by other church employees, he was "defrocked." Mr Garth Blake, Chair of the Safe Ministry Commission of the Anglican Church of Australia, joins me to talk about the case.

In 2020, a unanimous High Court of Australia found that the jury that convicted Cardinal George Pell of historical sex abuse crimes must have had a reasonable doubt.  The decision set Pell free after 13 months of imprisonment, but has led to continued controversy.  Did the High Court get it right?  Did Pell's status as a senior religious figure affect the process at any stage?  How much respect...

What can the history of the relationship between law and religion in Australian history tell us about the present and perhaps even the future? In this episode, we discuss  religion in colonial Australia, how the relationship between religion and the state stood at the time of Federation, and how demographic changes have affected the religious affiliation of Australians in recent decades.  Gues...

Does the composition of the High Court of Australia fairly reflect the demographics of the country?  A brief essay tries to answer the question. The entire "Judges and Their Religions" series can be found on the International Center for Law and Religion Studies website here: https://talkabout.iclrs.org/2021/10/25/judges-and-their-religions/  Citations to quotations and assertions used in the s...

Did you know Cardinal Pell once sued the National Gallery of Victoria on a charge of blasphemy?  What does it mean for something to be blasphemous?  In this episode, Professor Brent Rodriguez-Plate joins me to talk about blasphemy in law, art, and religion. The court case discussed is captioned Pell v The Council of the Trustees of the National Gallery of Victoria, [1998] 2 V.R. 391.  A 1998 n...

In late 2021, the Victorian Parliament passed new amendments to the State's anti-discrimination laws.  These amendments limit the current exemptions provided to religious groups in a clash of what seem see as religious freedom versus equality.  This episode's guest is University of Newcastle Associate Professor Neil Foster. Find out more about Neil at his University of Newcastle staff page (ht...

Voluntary Assisted Dying has become law in Queensland.  In this episode, Rev. Dr. Adam McIntosh explains what VAD is, how the new law will operate, and what it represents for our understanding of the relationship between religion and lawmaking. You can find out more about Adam at his Linkedin page (https://www.linkedin.com/in/adammcintosh72/) .  The report of the consultation group for the Que...

What should university students be taught about the relationship between law and religion in Australia?  How should we describe the colonial period, and what issues are most important in the present?  In this episode, Dr Renae Barker discusses the ins and outs of the special elective course on law and religion that she teaches at the University of Western Australia. You can learn more about Re...

The Noosa Temple of Satan filed a lawsuit this year against the Queensland Department of Education over whether Satanism can be included in the state's public school.  Today, I'm joined by solicitor Trevor Bell to talk about the controversy. The Noosa Temple of Satan has a Facebook page here (https://www.facebook.com/NoosaTempleOfSatan/) . Trevor Bell is co-host of a podcast titled The Iron F...

Did you know that in the Preamble to the Australian Constitution, the colonies are agreeing to federate while “humbly relying on the blessing of Almighty God”?  What exactly does that mean, and should it affect our understanding of the Constitution more generally? Dr Alex Deagon, a Senior Lecturer at QUT who has written on the issue, helps provide some answers. More about Dr Alex Deagon can be...

The mainstream liberal understanding of religious liberty focuses on protecting individual autonomy and conscience.  But in his new book, Dr Joel Harrison argues for an “ecclesiological” account of religious liberty that focuses on religious associations and orienting notions of the public good toward forming communities of fraternity, solidarity, and charity.  This episode features an intervie...

Federal funding for school chaplaincy lost twice in the High Court, but still exists today. This episode features a conversation with plaintiff Ron Williams about why he brought the case, what it was like challenging the Commonwealth, and what his thoughts are with the benefit of hindsight.