Inequality Marriage Is A Threat To Religious Freedom And It May Not Be Constitutional

Inequality Marriage Is A Threat To Religious Freedom And It May Not Be Constitutional

If it’s the plebiscite occurs or a free vote occurs rather, the marriage equality argument is ramping up. A central issue of this argument is the notion, propounded by people who encourage existing marriage legislation, that changes to the Marriage Act will presage an assault on religious freedom and individuals of religion in the Australian community.

This couldn’t be farther from the reality. It’s really marriage inequality that threatens religious liberty.

Marriage Equality Isn’t a Danger To Religious Freedom

The national parliament just does not possess the ability to interfere improperly with spiritual liberty.

Section 47 of the Marriage Act now says a ministry of faith isn’t qualified to solemnise any union. This implies that if a specific minister won’t solemnise an interracial union, an interracial couple can’t sue for racial discrimination.

In case a specific minister has a religious objection to divorcees remarrying, a divorcee trying to remarry must get another ministry or a civil celebrant. They can’t sue for discrimination.

Marriage equality advocates wish to maintain this particular section. When the Marriage Act is shifted to permit same-sex unions, ministers of religion won’t be asked to solemnise those unions. And this segment means that a minister of religion can’t be prosecuted for offenses for refusing to solemnise a same-sex union.

Legal union equality isn’t an effort at telling spiritual groups what they should or shouldn’t think or who must be permitted to take part in their religious ceremonies.

Union Inequality Is A Threat To Religious Liberty

Imagine if a ministry of faith actually wishes to solemnise a same-sex union. Imagine if their faith welcomes same-sex partners and thinks same-sex couples could be correctly married in the eyes of the God or Gods. However, the Marriage Act claims those ministers of faith can’t solemnise these marriages.

The Marriage Act does more than deny legal recognition to same-sex marriages. The action also goes further and makes it a crime to maintain another religious marriage service unless the bunch has been lawfully married.

Since being married isn’t feasible for same-sex partners, it’s a crime to get a ministry of faith to maintain a non-legally binding spiritual marriage service for a same-sex bunch.

In case an opposite-sex couple needs a spiritual marriage ceremony initially after which a legal service afterwards, that’s also a crime. It’s exactly the same with the circumstance in which the couple doesn’t need a legal service as they’re pleased to be de factos.

Though there haven’t been any instances of this occurring, a ministry of faith in Australia could be sent to prison only for carrying a religious marriage service for a same-sex bunch.

Constitutional Challenge?

These offenses might be unconstitutional. Making it a crime to have a religious marriage service for a same-sex bunch appears quite like prohibiting the free exercise of these religions which take same-sex union.

2 High Court constitutional cases are applicable. At a case in 1912, the High Court held that mandatory military training for adolescent boys didn’t prohibit the free exercise of religion even when a boy had religious objections to military instruction.

The High Court said the training had nothing whatsoever to do with faith. The boy stayed free to practise his faith.

The problem together with the Marriage Act offenses differs. A spiritual ceremony has all to do with faith. It maintained that the Constitution didn’t protect actions seriously prejudicing the war effort even when done in the exercise of a religion.

Again, the problem together with the Marriage Act offenses differs. There’s not any justification for criminalising a benign spiritual service, which everybody knows has no legal impact, but that may have spiritual significance for the participants.

Ministers of faith who support marriage equality would have the ability to challenge the Marriage Act offenses in the High Court. They’d stand a fantastic prospect of winning. There are plenty of reasons to support marriage equality. Spiritual freedom is one of these.