Archbishop demands laws to guarantee religious freedom

Archbishop of Hobart Julian Porteous wants laws to protect religious rights and freedom.

Archbishop Julian Porteous. Picture: Sam Rosewarne

Catholic Archbishop of Hobart Julian Porteous has urged Scott Morrison to enshrine laws that guarantee the right of faith-based institutions to teach according to religious doctrine, safeguard the seal of the confessional and avoid a repeat of Israel Folau’s sacking.

Archbishop Porteous, who was referred to Tasmania’s anti-discrimination tribunal over his position on same-sex marriage, said he feared the Prime Minister’s anti-discrimination legislation would “not go far enough” in protecting faith-based groups, hospitals, schools and charities.

He called on the government to replicate international human rights conventions and imple­ment “positive legal rights” for ­religious freedom, instead of ­exempting faith groups from existin­g anti-discrimination laws.

The Australian understands draft proposals backed in cabinet this week would ban discrimin­ation on the basis of faith in areas such as employment, housing and the use of services.

“I fear they will settle for that rather than go further,” Archbishop Porteous told The Australian. “One of the problems we are facing is, when there are competing rights, the religious position is often right down the bottom of the list. (The laws should say) it is fundamental to who people are and society needs to recognise this and protect it.”

The “positive right” demand­ed by churches would explicitly state in law that religious belief was a “fundamental human right” and individuals and organisations were entitled to adhere, teach and promote faith doctrine.

Church groups are currently protected through exemptions in the Sex Discrimination Act — but they claim that is insufficient.

There is also a group of ­conservative Liberal MPs — includin­g senators Concetta Fierravanti-Wells and Eric Abetz — pushing for wider protections than are being proposed by the ­Attorney-General, Christian Porter. But other conservative MPs, such as independent sen­ator Cory Bernardi, warn that the Catholic Church proposal could lead to “unintended consequences” and pave the way for sharia law in Australia. There is also a concern in government ranks that it would give too much power to courts and put religious rights ahead of other rights.

Archbishop Porteous, who writes on the issue in The Australian today, said there should be legal protection to avoid more cases such as the sacking of Folau by Rugby Australia for sharing a social media post stating that unrepentant gay people go to hell.

“Israel Folau made statements about his beliefs and it had nothing to do with rugby,” he said. “You may or may not agree with him but these are conscientious beliefs and you should not be able to sack a person because they give expression to certain beliefs.”

The archbishop also said federa­l laws should override moves by Queensland and Victor­ia to impos­e criminal sanctions on priests who don’t report child sex abuse in the confessional. Mr Porter said his laws would strike the “appropriate balance”.