How Australia's rejection of a referendum on freedom of religion in 1988 could condemn Israel's Folau
Israel Folau's chances of winning a lawsuit to keep his job were possibly doomed seven months before the fired Wallabies star was born.
In September 1988, fewer than 31 percent of Australians voted for a referendum request to strengthen religious freedom in the constitution.
A Labor government led by Bob Hawke, the agnostic son of a church minister, asked people whether states and territories should be stopped for the free exercise of any religion & # 39; to prohibit.
Scroll down for video
Israel Folau's chances of winning a lawsuit to keep his job were possibly put to death seven months before the fired Wallabies star was born (depicted with wife Maria)
University of Sydney constitutional law expert Anne Twomey said the result three decades ago showed that Australians were skeptical about changing the constitution.
& # 39; It's just an indication that the Australian people were pretty wary of extending the very limited rights we have in the constitution & # 39 ;, she told Daily Mail Australia on Friday.
Section 116 of the Constitution already prohibits the federal government from "imposing any religious respect or prohibiting the free exercise of any religion".
It also says that there is no & # 39; religious test & # 39; will be to hold a position in the Commonwealth.
However, the Constitution does not cover employment in the private sector.
Professor George Williams, dean of law at the University of New South Wales, said that a Bill of Rights was needed to protect people like Folau from dismissal above their religious beliefs.
In September 1988, fewer than 31 percent of Australians voted for a referendum request to strengthen religious freedom in the constitution. Bob Hawke (pictured on the right with his wife Hazel and treasurer Paul Keating) asked people whether states and territories should be stopped for & # 39; the free practice of a religion & # 39; to prohibit
"Yes, that's right, and there are indeed gaping holes due to the protection of many human rights in Australia," he told Daily Mail Australia.
& # 39; In fact, Australia is now the only democratic nation in the world without a national Bill of Rights. & # 39;
Professor George Williams said that a Bill of Rights was needed to protect religious freedom
Professor Williams said that a Bill of Rights, to protect religious expression in the workplace, should be accompanied by specific laws aimed at commercial employers.
& # 39; It all depends on how it is set up, and it would require the instrument to go beyond the government to the private sector, & # 39; he said.
& # 39; Many do not, and in that case you would also need separate legislation aimed at protecting religious freedom by the private sector. & # 39;
Although the rejection of the Constitutional Amendment Act (Rights and Freedoms) in a referendum 31 years ago is now a distant memory, the issue of religious freedom is still topical.
Folau and Rugby Australia have been a Fair Work Commission hearing on Friday.
Folau and Rugby Australia have been a Fair Work Commission hearing on Friday
They failed to reach a compromise, which means that the case is now being brought before the federal court.
Rugby Australia fired Folau from this $ 4 million, four-year contract last month after he tweeted that & # 39; drunks, homosexuals, fornicators, adulterers, liars, fornicators, thieves, atheists, and idolaters repent of their sins or go to hell.
The organization's Raelene Castle director argued that the message preached the drive of the sports code to offer more inclusion to gays.
Professor Anne Twomey said the constitution would not protect Israel's job
Folau & # 39; s social media message, paraphrasing a Bible verse from Corinthians, in the New Testament, could possibly end up in the Supreme Court, which determines constitutional matters.
However, Professor Twomey said it is unlikely that Section 116 of the Constitution would help Folau attack Rugby Australia's decision to fire him.
& # 39; It does not limit state laws or common law or affects contracts that people can enter into & # 39 ;, she said.
& # 39; Nor does the individual give personal rights with regard to freedom of religion. & # 39;
Employment lawyer Josh Borstein, from class action lawyer Maurice Blackburn, said that Folau & # 39; s only hope proved that his employment contract was in violation of existing anti-discrimination legislation.
& # 39; Occasionally we see a case like Israel Folau, where an employee relies on anti-discrimination law to say that the contract has been used effectively to break anti-discrimination provisions & he said this week to Daily Mail Australia.
Rugby Australia fired Folau from this $ 4 million, four-year contract last month after he tweeted that & # 39; drunks, homosexuals, fornicators, adulterers, liars, fornicators, thieves, atheists, and idolaters; repent of their sins or go to hell
. (TagsToTranslate) Dailymail (t) news