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- Religion and Law (16)
- Religious Freedom (4)
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- Freedom of speech (2)
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- ACT Same Sex marriage case (1)
- Balancing clauses in discrimination law (1)
- CYC v Cobaw (1)
- Cobaw (1)
- Cobaw case (1)
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- S 18C Racial Discrimination Act 1975 (1)
- Same Sex marriage (1)
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Articles 1 - 17 of 17
Full-Text Articles in Law
Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster
Freedom Of Religion And Balancing Clauses In Discrimination Legislation, Neil J. Foster
Neil J Foster
This paper considers how discrimination laws interact with religious freedom through balancing clauses.
Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster
Unscrambling The Curate’S Egg- The High Court’S Act Same Sex Marriage Decision, Neil J. Foster
Neil J Foster
Discusses and critiques the decision of the High Court of Australia in the ACT Same Sex Marriage case [2013] HCA 55.
High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster
High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster
Neil J Foster
Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.
Law And Religion In The Victorian Court Of Appeal, Neil J. Foster
Law And Religion In The Victorian Court Of Appeal, Neil J. Foster
Neil J Foster
Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.
Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster
Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster
Neil J Foster
The paper discusses two important recent cases at an appellate level in Australia raising issues to do with the intersection of law and religious commitment. One deals with discrimination on the ground of sexual orientation and whether religious groups should enjoy religious freedom to decline to support a non-Biblical view of sexual morality. The other deals with whether the members of a church can assert religious freedom rights against the leaders of the church.
New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers
New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers
Neil J Foster
A newspaper report on the recent Victorian Cobaw case with comments from me on the issues.
Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster
Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster
Neil J Foster
Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors [2014] VSCA 75 (16 April 2014) and its implication for Christian organisations.
Submission On S 18c Reforms, Neil J. Foster
Submission On S 18c Reforms, Neil J. Foster
Neil J Foster
A copy of my submission to the Commonwealth Attorney-General concerning amendments to s 18C of the Racial Discrimination Act 1975 on racial vilification
Submission On Proposed Amendments To Part Iia Of The Racial Discrimination Act 1975 (Cth), Neil J. Foster
Submission On Proposed Amendments To Part Iia Of The Racial Discrimination Act 1975 (Cth), Neil J. Foster
Neil J Foster
This is a submission to the Commonwealth Attorney-General commenting on proposed amendments to s 18C of the Racial Discrimination Act 1975.
Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster
Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster
Neil J Foster
Discusses Arizona's controversial new Bill which has been labelled a "license to discriminate". The paper concludes that while the aim of crafting a religious freedom exemption for those who do not want to support or celebrate same sex unions is a laudable one, on balance the Arizona law seems to be too broad and should not be supported.
Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster
Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster
Neil J Foster
Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".
Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster
Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster
Neil J Foster
This paper discusses the pressures facing Christians who adhere to Biblical ethical values when those principles clash with current discrimination and vilification laws.
Freedom Of Religion In Practice: Exemptions Under Antidiscrimination Laws On The Basis Of Religion., Neil J. Foster
Freedom Of Religion In Practice: Exemptions Under Antidiscrimination Laws On The Basis Of Religion., Neil J. Foster
Neil J Foster
Recognition of “human rights” often involves the need to balance one set of rights against another. While anti‐discrimination laws generally are designed to outlaw decision‐making on irrelevant grounds, recognition of “freedom of religion” (a clear human right acknowledged in the international covenants on the area) requires acknowledging that decision‐making in many areas on religious grounds is not irrelevant, and hence requires careful crafting of appropriate exemptions to otherwise blanket prohibitions against discrimination. But in many ways there has been a subtle shift in recent decades away from a fully‐orbed recognition of human rights, towards an absolutist prohibition of discrimination alone. …
Freedom Of Religion In Practice: Exemptions Under Anti-Discrimination Laws On The Basis Of Religion, Neil J. Foster
Freedom Of Religion In Practice: Exemptions Under Anti-Discrimination Laws On The Basis Of Religion, Neil J. Foster
Neil J Foster
Recognition of “human rights” often involves the need to balance one set of rights against another. While anti‐discrimination laws generally are designed to outlaw decision‐making on irrelevant grounds, recognition of “freedom of religion” (a clear human right acknowledged in the international covenants on the area) requires acknowledging that decision‐making in many areas on religious grounds is not irrelevant, and hence requires careful crafting of appropriate exemptions to otherwise blanket prohibitions against discrimination. But in many ways there has been a subtle shift in recent decades away from a fully‐orbed recognition of human rights, towards an absolutist prohibition of discrimination alone. …
Opposing Same-Sex Marriage Is Not Discrimination, Neil J. Foster
Opposing Same-Sex Marriage Is Not Discrimination, Neil J. Foster
Neil J Foster
This paper argues that is not "discriminatory" to oppose the legalisation of same-sex marriage.
Further Uk Developments On Freedom Of Religion, Neil J. Foster
Further Uk Developments On Freedom Of Religion, Neil J. Foster
Neil J Foster
Two further UK cases, Eweida and MacFarlane, reveal dismissal of Christians for exercise of freedom of religion, and difficulties with the way the law is being applied in the UK.
Freedom Of Religion And Discrimination- Two Important Uk Cases, Neil J. Foster
Freedom Of Religion And Discrimination- Two Important Uk Cases, Neil J. Foster
Neil J Foster
Two recent UK cases deal with the question of how the freedom of religion right interacts with laws prohibiting discrimination on the grounds of race or sexual orientation.