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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| 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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| author | Neil Foster |
| author_facet | Neil Foster |
| author_sort | Neil Foster |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-4b48c22743794550baf85784b43a48f3 |
| institution | Kabale University |
| issn | 2653-5122 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | University of Southern Queensland Law, Religion, and Heritage Research Program Team |
| record_format | Article |
| series | Australian Journal of Law & Religion |
| spelling | doaj-art-4b48c22743794550baf85784b43a48f32025-02-04T04:26:41ZengUniversity of Southern Queensland Law, Religion, and Heritage Research Program TeamAustralian Journal of Law & Religion2653-51222024-12-0151423https://doi.org/10.55803/U458IReligious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to ButlerNeil Foster0University of Newcastle, NSWIn 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.https://ausjlr.com/wp-content/uploads/2025/01/Foster-May-Australian-States-Impose-Sexual-Orientation-and-Gender-Identity-FINAL.pdfaustralian constitutionsection 109anti-discriminationreligious schoolsreligious freedomequality |
| spellingShingle | Neil Foster Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler Australian Journal of Law & Religion australian constitution section 109 anti-discrimination religious schools religious freedom equality |
| title | Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler |
| title_full | Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler |
| title_fullStr | Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler |
| title_full_unstemmed | Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler |
| title_short | Religious Freedom, the Sex Discrimination Act, and Section 109: A Surrejoinder to Butler |
| title_sort | religious freedom the sex discrimination act and section 109 a surrejoinder to butler |
| topic | australian constitution section 109 anti-discrimination religious schools religious freedom equality |
| url | https://ausjlr.com/wp-content/uploads/2025/01/Foster-May-Australian-States-Impose-Sexual-Orientation-and-Gender-Identity-FINAL.pdf |
| work_keys_str_mv | AT neilfoster religiousfreedomthesexdiscriminationactandsection109asurrejoindertobutler |