The City of Perth council will continue imposing acts of Christian worship at its council meetings after ignoring concerns from the Rationalist Society of Australia about the practice being exclusionary to most of its residents.

In a letter to Mayor Basil Zempilas and his fellow councillors in November (see below), RSA president Dr Meredith Doig urged the council to replace prayer rituals with secular and more inclusive practices that better reflected the community.

Dr Doig noted that, according to the 2021 Census, 50 per cent of the Perth local government area’s population had no religion and another 11 per cent had chosen not to state a religion.

Mayor Zempilas (pictured), a former TV presenter, did not respond to the RSA’s letter.

Instead, the council’s ‘Governance’ section wrote to Dr Doig and argued that the council did not “compel” anyone in attendance – including elected members, employees or members of the public – to recite the prayer. Council’s standing orders list the prayer as an official part of council meeting.

In its letter (see below), the council also said the decision to amend the practice reciting Christian prayers would be a matter for council to decide.

In her letter, Dr Doig said the practice of opening meetings with Christian-only prayers showed a clear disregard for the principle of separation of church and state. 

“The Perth City Council should be a secular institution, where all people are welcome and able to participate regardless of their religious or non-religious beliefs,” she wrote.

“All councillors, council staff and members of the Perth community should feel welcome and able to participate in all aspects of council. 

“Yet, by starting meetings with acts of religious worship, the City of Perth makes many people feel excluded. The practice sends a message to many citizens and ratepayers that they are not welcome and their beliefs are not valued equally.”

She also noted that the practice was at odds with Mr Zempilas’ own message to the council’s Equity, Diversity and Inclusion Framework policy, in which he said that the community’s strength was in its diversity. 

In the message, Mayor Zempilas said:

“We celebrate and value the strength of our diverse community, we champion equity to ensure everyone can participate equally and we create meaningful inclusion that fosters a sense of belonging.”

Dr Doig also cited the peer-reviewed legal analysis by Professor Luke Beck in warning that the inclusion of prayers was likely unlawful, and noted that Western Australia’s Equal Opportunity Act 1984 outlawed discrimination on the basis of religious conviction, including the lack or absence of religious beliefs.

In October, a council in Victoria removed prayers after receiving a legal letter from Maurice Blackburn lawyers which advised it that the inclusion of the prayer went beyond the powers given to the council and was incompatible with the state’s Charter of Human Rights and Responsibilities.

“Asking that all councillors and people in attendance observe an act of religious worship as part of City of Perth meetings is, therefore, likely discriminatory and may result in legal action against the council,” wrote Dr Doig.

The Rationalist Society of Australia is actively lobbying and advocating for prayer rituals to be replaced with more appropriate practices in councils and parliaments. See the latest updates here.

If you want to support our work, please make a donation or become a member.

Si Gladman is Campaign & Communications Coordinator for the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.

Image: Basil Zempilas – Lord Mayor of Perth (Facebook)

Letter to Maroy Zempilas and City of Perth councillors, 11 November

Dear Mayor Zempilas and fellow councillors,

I’m writing to you on behalf of the Rationalist Society of Australia, which is Australia’s oldest freethought organisation promoting secularism, reason and evidence-based policy.

We are deeply concerned about your council’s practice of opening its meetings with an act of religious worship – that is, the practice of asking all in attendance to stand for the observance of prayers.

The practice shows a clear disregard for the principle of separation of church and state. The Perth City Council should be a secular institution, where all people are welcome and able to participate regardless of their religious or non-religious beliefs.

The practice also shows a disregard for the diversity of the Perth community. We note that, at the 2021 ABS Census, 50 per cent of the Perth LGA population identified as not religious (including ‘atheists’, ‘secular beliefs’  and ‘other spiritual beliefs). In addition, 11 per cent of the population did not state a religious affiliation.

All councillors, council staff and members of the Perth community should feel welcome and able to participate in all aspects of council. Yet, by starting meetings with acts of religious worship, the City of Perth makes many people feel excluded. The practice sends a message to many citizens and ratepayers that they are not welcome and their beliefs are not valued equally.

Mayor Zempilas, in your message to the council’s Equity, Diversity and Inclusion Framework policy, you said that the community’s strength is in its diversity. You added:

“We see you, we hear you and we are committed to ensuring every single one of you feels included as you live, work and visit our beautiful city.”

The policy document then outlines its vision as:

“We celebrate and value the strength of our diverse community, we champion equity to ensure everyone can participate equally and we create meaningful inclusion that fosters a sense of belonging.”

The City of Perth is also out of step with the majority of West Australian councils that do not have a prayer as part of their meetings.

The practice of reciting prayers as part of local government meetings is also likely unlawful. Peer-reviewed legal analysis by Professor Luke Beck and published in the Alternative Law Journal concludes that “the practice of many Australian local councils of incorporating prayers into their formal meetings is unlawful.” Professor Beck wrote that case law in the United Kingdom held that local councils did not have the power to commence their meetings with prayer, and the same reasoning would apply with equal force in Australia.

In Victoria last month, Boroondara Council voted to remove prayers after receiving a legal letter from Maurice Blackburn lawyers which advised the council that the inclusion of the prayer was unlawful for two reasons: firstly, the rule requiring it went beyond the powers given to the council; and, secondly, it was incompatible with the Victorian Charter of Human Rights and Responsibilities.

Western Australia’s Equal Opportunity Act 1984 outlaws discrimination on the basis of religious conviction, including the lack or absence of religious beliefs. Asking that all councillors and people in attendance observe an act of religious worship as part of City of Perth meetings is, therefore, likely discriminatory and may result in legal action against the council.

Mayor Zempilas, when will the City of Perth replace prayer rituals with secular and more appropriate practices that better reflect the community? 

Regards,

Dr Meredith Doig

President, Rationalist Society of Australia

Letter from City of Perth, 11 November

Dear Dr Doig,

Thank you for your email and your interest in the City of Perth Council.

Clause 4.3 Order of Business Section (1) of the City of Perth Standing Orders Local Law 2009 states:

“Unless otherwise decided by the Council the order of business at an ordinary meeting of the Council is to be as follows –

(a) prayer; …” 

Therefore, the decision to amend the practice of our Council to have prayer listed as an item on our agenda remains with Council. Noting that no person in attendance (Elected Members, Employees or Members of the Public) is compelled to recite the prayer.

I hope this information assists.

Kind regards,

Governance

Chief Executive Officer Alliance

City of Perth City of Light