Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler
In a previous article, I argued that section 109 of the Australian Constitution would prohibit State laws imposing different and more demanding requirements on religious schools than requirements imposed by Federal laws. In a subsequent rejoinder, Nicholas Butler reached the opposite conclusion. In...
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| Format: | Article |
| Language: | English |
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University of Southern Queensland Law, Religion, and Heritage Research Program Team
2024-12-01
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| Series: | Australian Journal of Law & Religion |
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| Online Access: | https://ausjlr.com/wp-content/uploads/2025/01/Foster-May-Australian-States-Impose-Sexual-Orientation-and-Gender-Identity-FINAL.pdf |
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| Summary: | In a previous article, I argued that section 109 of the Australian Constitution would prohibit State laws imposing different and more demanding requirements on religious schools than requirements imposed by Federal laws. In a subsequent rejoinder, Nicholas Butler reached the opposite conclusion. In this surrejoinder, I return to a discussion of the High Court’s jurisprudence on section 109 and conclude that Butler’s critique is well-written but ultimately unconvincing. |
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| ISSN: | 2653-5122 |