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The University of Notre Dame Australia

Constitutional law

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Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo Jan 2017

Maintaining Religious Identity In Hiring In Faith-Based Schools: A Comparative Analysis Of Australia And The United States, Keith Thompson, Charles J. Russo

Law Papers and Journal Articles

Even as Australia and the United States (US) are becoming increasingly secularised, they retain a significant number of faith-based primary and secondary schools. Aware of the tension between changing societal norms and the freedoms associated with religious institutions, the main part of this paper is divided into two sections. The first part surveys the relevant constitutional and anti-discrimination laws in Australia and the US along with exemplary litigation on how these statutes are applied. The second section offers six suggestions for school administrators who are wrestling with the challenge of preserving the faith-based ethos in their schools in the face …


Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan Jan 2016

Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan

The University of Notre Dame Australia Law Review

This paper examines marriage in multicultural and multi-faith Australia. It considers the history of, and reasons for, State recognition of marriage in Australia between one man and one woman entered into voluntarily for life. It argues that the tradition in Australia since European settlement has been for the State to only recognize this traditional form of marriage as marriage. The paper considers the meaning of equality and discrimination and argues that for those concepts to have meaning in the context of marriage it is first necessary to have a clear understanding of why the State does and should continue to …