Freedom of religion serves us all, so let’s protect it

After next month’s by-elections the government is expected to ­respond to the religious freedom review chaired by Philip Ruddock.

The review had a narrow remit: to examine whether Australian law adequately protects the human right to freedom of ­religion. The answer from a legal perspective will undoubtedly be a resounding no. But, before the government proposes a legal fix, it needs to explain to a secularising Australia why freedom of religion is important enough to protect.

The Ruddock review was ­established in response to the vocal concerns of supporters of traditional marriage following the outcome of the postal survey on same-sex marriage. They feared that not only would espousing their views on marriage risk a day in court but also that this was the first of many assaults on their ability to practise their faith.

Legal scholars who made submissions to the review were largely consistent in their arguments. Representative of these is that of George Williams from the University of NSW, a columnist on this newspaper, who pointedly wrote: “Australia is exceptional. Indeed, we stand alone in being the only democracy without some form of national human rights act or bill of rights incorporating protection of freedom of religion.”

The devil is in the detail, a fact Malcolm Turnbull recognised when he announced the review, saying: “There is a high risk of unintended consequences when parliament attempts to legislate protections for basic rights and freedoms, such as freedom of ­religion.”

Finding the right balance ­between the unintended consequences and the fundamental right of freedom of religion will exercise legislators for many months to come and lawyers for many years.

For most Australians, though, the question remains, why do we need to protect religious freedom?

Some have hitched the wagon of religious freedom to the Western liberal tradition. They argue that the emergence of the individual’s right to determine one’s faith separate from the state stands alongside and is integral to other rights and freedoms that emerged in this tradition such as private property, the rule of law and freedom of assembly. Weakening one undermines them all. It is an ­important argument, but one ­perhaps distant and dated to many. Before the Australian community rushes to the already well-barricaded trenches to fight another cultural battle it is ­important to understand its ­relevance in today’s Australia.

Most submissions to the ­review focused on a fear of changing the author’s status quo: parents were concerned about their right to educate their children in their faith traditions, health practitioners wanted the freedom to conscientiously object to some obliga­tions, and advocates of traditional marriage wanted to continue to express their views — important concerns for them all.

But what hasn’t been said is that there are broader benefits to society that reach beyond an individual’s interests. By not protecting religious freedom we risk limiting the positive impact ­religion makes to society.

Research has found that ­religious freedom positively contributes to prosperity above and beyond its contribution to buttressing other freedoms. International academics Ilan Alon, Shaomin Li and Jun Wu wrote in a recent article that “the lack of legal protection for religious freedom and discriminatory religious policies lead to low economic growth”. In other words, the more religious freedom we have in a pluralistic society the better it is economically for us all.

Another source of strength that society derives from religion is how it builds ties that bind society together, otherwise known as social capital. Religion is a major contributor to social capital through community networks, volunteering, congregational services and other faith-based activities that emerge from outward-facing religions. Without adequate protections for religious freedom we risk inhibiting these activities and in turn diminishing the contributions they make to a cohesive society.

Unlike a person’s race or sex, ­religion is not an immutable trait. We can change our religion or even dispense with a belief. Protecting religion from criticism as if it were an immutable characteristic or silencing religious voices in the public square diminishes the development of ideas that are important to a flourishing society, such as who we are, why are we here and what purpose do we serve.

Religious freedom is more than a right to express oneself. It is, as the International Covenant on Civil and Political Rights states, the right to manifest religion in “practice and teaching” in society. It is the right to contribute to shaping the world we live within. It is a right that has been foundational to our society and one we need to protect.

Denis Dragovic is honorary senior fellow at the University of Melbourne and author of No Dancing, No Dancing: Inside the Global Humanitarian Crisis (2018).