No solace from court ruling, says Archbishop

Sydney’s Catholic Archbishop has warned a British decision to uphold the religious freedoms of a bakery would not happen here.

Catholic Archbishop of Sydney Anthony Fisher. Picture: AAP

Sydney’s Catholic archbishop has warned a British Supreme Court decision upholding the right of a Belfast bakery to refuse service on conscience grounds would likely not occur in Australia — underscoring the case for stronger ­religious freedoms at home.

Archbishop Anthony Fisher yesterday seized on the landmark ruling to argue for meaningful ­action to protect people of faith in Australia following the damaging leak of the Ruddock review which triggered a backlash against the government ahead of the crucial Wentworth by-election.

The Australian revealed yesterday that the Morrison government will make a decision on whether to introduce a new ­religious discrimination act, the key recommendation contained in the review of religious freedoms led by former Liberal ­attorney-general Philip Ruddock.

Some senior ministers said it was a “very likely” that cabinet would agree to a new religious discrimination act with Scott Morrison clarifying yesterday that the report would be released “before the end of the year” along with a government response.

Mr Morrison and Attorney-General Christian Porter continued to reject suggestions the Ruddock review had proposed handing religious schools new powers to turn away gay teachers and students — an explosive claim given the large LGBTI community in the Sydney seat Wentworth, where the Coalition faces a tight by-election next Saturday.

Speaking on 6PR radio in Perth, Mr Porter said that faith-based schools already had the power to refuse students and teachers in line with their faith. He said the Ruddock review placed qualifications on the ability of schools to do this.

 

“It doesn’t recommend any greater powers than those that exist at the moment,” he said.

The issue of religious freedom gained international prominence when, on Wednesday night (AEST), the British Supreme Court found the Christian owners of the Ashers Bakery in Belfast had not discriminated against gay rights activist, Gareth Lee, by ­refusing an order for an iced cake.

The cake was to depict the children’s characters Bert and Ernie and the words “Support Gay Marriage”, with the court finding the bakery’s refusal was legitimate because the owners disagreed with the message — not the sexual orientation of Mr Lee.

The issue of whether businesses should be allowed to deny service to gay people based on their religious beliefs was a key issue discussed by the Yes case during last year’s same-sex marriage ­debate. But Archbishop Fisher seized on the result yesterday, sayingthat the decision “upholds the important freedoms of thought, conscience and belief”.

“At its heart, the case wasn’t about whether or not you agree with same-sex marriage, but whether a person should be forced to express an opinion that they do not believe to be true,’’ he said.

“The unanimous decision of the court affirms that the law demonstrates that freedoms of conscience and belief are basic human rights, and do not depend on whether a person is engaged in a commercial business or a not-for-profit venture.

“Australia’s slim religious and conscientious rights laws mean there is no guarantee courts or anti-discrimination tribunals in Australia would be so respectful of free belief and speech.”