Are courts inherently biased against religion? There is skepticism about how courts will deal with cases involving religious interests, especially when values such as equality and discrimination are involved. Despite fears about the role of courts in regard to religious beliefs and human rights, in the combined 9 years of operation of Australia’s two existing Charters only one case involving either Charter has directly involved religious freedom. In that case, an exception to Victoria’s equality laws for the sake of religious interests was sought – and granted by the court.
YMCA – Ascot Vale Leisure Centre (Anti-Discrimination Exemption) [2009] VCAT 765 (4 May 2009)
The following short paper looks at three examples where the courts have had to deal with religious interests, including the only case to date where an Australian charter has dealt with religious freedom.Are courts biased against religion_IsaiahOne