Read The Times Australia

Daily Bulletin

Religious freedoms should include spiritual beliefs too

  • Written by: Jeremy Patrick, Lecturer in Law, University of Southern Queensland
Religious freedoms should include spiritual beliefs too

Nearly a third of Australians at the last census checked “None” when asked about their religion, up from 19% in 2006. What many people might not realise is that while some “Nones” are indeed atheists or agnostics, a substantial percentage do have faith. It’s just not in mainstream religion as we generally understand it.

The number of people identifying as “spiritual but not religious” appears to be rising in the western world. A 2017 McCrindle report suggests 14% of Australians belong to this category. In the US, a Pew Research Study pegs 27% of Americans as identifying as spiritual (up 8% from five years ago).

Perhaps Australia’s understanding of faith is starting to change - not because some groups are winning or losing adherents - but because the notion of “organized religion” itself has increasingly started to fall out of favour.

Read more: Why the Supreme Court's 'gay wedding cake' ruling won't resolve religious freedom issues

Whatever the reason, this trend is particularly pertinent given the recent completion of the Ruddock review of religious freedom. Given that Australia’s religious identity appears to be changing, I think that religious freedoms should be extended to people with spiritual beliefs too.

For instance, during the Vietnam War, the Supreme Court of the United States was asked whether conscripts who didn’t believe in a Supreme Being but had spiritual beliefs opposing war could qualify for “conscientious objector” status. The Court got it right in that case, determining that even people who don’t believe in God may have spiritual beliefs worth recognition and protection.

Common spiritual beliefs include divination (such as astrology and tarot cards), alternative healing (for instance, crystals and reiki), nature as having a spiritual essence, reincarnation, and the possibility of communicating with the spirits of the departed. The popularity of “New Age” or “Mind+Body” sections in bookstores is one testament to the interests and influence of these new spiritual “seekers.”

The common trait among them is that they take a personal approach to their spirituality, picking and choosing particular beliefs from a wide variety of religious traditions and then adding in, on an a la carte basis, notions from what may be derided by many as folklore, pseudoscience, or personal intuition. Legal scholar Rebecca French calls this “grocery cart religion”.

Read more: Christians in Australia are not persecuted, and it is insulting to argue they are

In the West, the fundamental right of freedom of religion developed alongside toleration — the idea that a nation could allow more than a single religious group to operate freely within its borders. The assumption, however, was that religion was practised by organisations.

Today, when courts inquire about whether someone’s right to freedom of religion has been violated, they ask for proof that the beliefs are religious in nature and that the individual was sincere in holding them. That proof usually involves demonstrating membership of a religious group that has established moral obligations the individual was trying to follow.

But courts have historically treated idiosyncratic spiritual beliefs as unworthy of protection. The reasoning, explicit or implicit, is usually that people with spiritual beliefs aren’t really religious because any beliefs they have were lightly adopted and can be lightly discarded.

For example, a 2013 American case involved a “spiritual counsellor” named Psychic Sophie, whose beliefs drew from the New Age movement, the teachings of Jesus, natural healing, and the study of metaphysics. The courts ruled that her religious freedom claim for exemption from licensing and zoning requirements had to fail because she drew from multiple religions and philosophies to construct her worldview. The courts said that these influences on Psychic Sophie’s “inner flow” did not transform her personal philosophical beliefs into a religion.

In my view, however, the judicial understanding of freedom of religion needs to evolve alongside religion itself. What matters is that those beliefs may be just as real to the “spiritual but not religious” person as the doctrines of any established church are to a regular attendee.

Freedom of religion is premised on the notion that matters of conscience — the most cherished and deeply-held moral beliefs a person may have — should not lightly be burdened by the government. In the spirit of tolerance and generosity that animates the doctrine of freedom of religion, more should be allowed to shelter under its umbrella.

Authors: Jeremy Patrick, Lecturer in Law, University of Southern Queensland

Read more http://theconversation.com/religious-freedoms-should-include-spiritual-beliefs-too-97445

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...

What “Extraction Facial” Actually Means (And When It Helps)

“Extraction facial” is one of those skincare terms people use as if it’s one standard treatment, b...

How Compounded Medicines Support Individual Health Needs

Not every patient responds to medicine in the same way. Age, allergies, dosage requirements and sw...

How Live Comedy Can Shape the Mood of an Event

The mood of an event is shaped by more than the venue, food, music, or schedule. Entertainment can...

Why Home Gym Mats Are Becoming a Must-Have

Building a dedicated workout space at home has become increasingly common across Australia. Many p...

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...