Read The Times Australia

Daily Bulletin

Official prayers in federal parliament are divisive and unconstitutional, and should be scrapped

  • Written by: Luke Beck, Senior Lecturer in Constitutional Law, Western Sydney University
image

In a nation that is increasingly secular, religion still plays a vital role in the way we run our country. In this series, we examine the role of religion in Australian politics and education.

Each sitting day in federal parliament begins with the Speaker of the House and the President of the Senate leading prayers.

But sectarian official prayers are inconsistent with the religious diversity of the Australian community MPs are elected to represent. They are also open to challenge in the High Court for breaching the Constitution’s separation of religion and state provision.

Parliamentary prayers

The prayers were introduced shortly after Federation in response to a voracious petition campaign organised by Protestant church leaders.

The first prayer is the Protestant version of the Lord’s Prayer, which includes the line:

… for thine is the kingdom, the power, and the glory, for ever and ever.

When parliamentary prayers were first introduced in 1901, the Catholic Archbishop of Melbourne complained they were “distinctly Protestant”.

The second prayer calls on God:

… to direct and prosper the work of Thy servants to the advancement of Thy glory, and to the true welfare of the people of Australia.

This prayer is a modified version of “A prayer for the High Court of Parliament” from the Church of England’s Book of Common Prayer.

Australia’s federal MPs are apparently servants of the Christian God, working for his glory.

Inconsistent with religious diversity

Australia is a religiously diverse and multicultural nation. It is inconsistent with that diversity for federal parliament to have official prayers based on one particular religious denomination.

This is especially so, since that particular religious denomination is a minority one. The 2016 census showed 30% of Australians have no religion; 22% are Catholic. Only 13.3% of Australians report being Anglican.

Federal parliament should not officially endorse or sponsor particular religious denominations or beliefs. Doing so sends a message to non-adherents of the favoured religious denomination that they are outsiders, not full members of the political community. Federal parliament should not play favourites among religious denominations or between religious citizens and non-religious citizens.

I recently appeared before a federal parliamentary inquiry looking at religious freedom in Australia and suggested that the committee recommend official prayers in parliament be abolished. Committee member and Labor MP Sharon Claydon responded by suggesting that abolishing parliamentary prayers might be politically difficult.

May be unconstitutional

Official prayers in parliament may also be unconstitutional.

The Constitution prohibits laws for imposing religious observances. Yet parliament’s standing orders force people to participate in religious practices.

Prayers are a type of a religious observance, and it is compulsory for the president and the speaker to recite the parliamentary prayers. This also affects everyone else in the chambers and public galleries.

The constitutional issue was briefly considered when prayers were introduced into federal parliament. But a majority of politicians took the view that standing orders are not laws and so are not subject to the constitutional prohibition on religious observances.

Not all MPs agreed. Labor senator Gregor McGregor asked:

What did the framers of the Constitution mean? Did they mean that the parliament was not to impose religious observances in the streets or in the schools? Did they mean that parliament was not to impose religious observances anywhere else but here?

The High Court has never ruled on this issue. A classic text on the law and usages of the British parliament describes standing orders as a species of law. So, the standing orders might well fit the description of laws for imposing religious observances.

Australia’s Constitution also prohibits religious tests for holding a federal public office. This prohibition applies generally, and is not limited to laws imposing religious tests.

The standing orders make it the job of the president and the speaker to participate in religious activities. A person has to be willing to participate in particular religious activities if they want to take on either role. This looks rather like a religious test for a federal public office.

A person affected by the compulsory parliamentary prayers could go to the High Court and argue the prayers are unconstitutional. Certainly a federal MP would have standing to bring a challenge. They are affected, since they have to participate or acquiesce in the prayers, or else limit their attendance in the chamber for the duration of the prayers.

An ordinary member of the public might also be able to bring a challenge. Courts in Canada and the US accept that official prayers held by legislative bodies affect members of the public who come to sit in the public gallery. Canadian courts even accept that official prayers may deter people from running for public office.

There is no good reason for federal parliament to have official prayers.

Read other articles in the series here.

Authors: Luke Beck, Senior Lecturer in Constitutional Law, Western Sydney University

Read more http://theconversation.com/official-prayers-in-federal-parliament-are-divisive-and-unconstitutional-and-should-be-scrapped-81673

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...