The Rationalist Society of Australia is seeking a meeting with Attorney-General Mark Dreyfus to discuss how the Albanese government will address religious-based discrimination against non-religious Australians in government institutions and programs.
With the government promising to introduce a Religious Discrimination Bill this year, RSA president Meredith Doig wrote to Mr Dreyfus (pictured) in February to urge him to address a number of issues in which the government continues to privilege the interests of religious people over non-religious people.
Dr Doig said non-religious Australians faced “unjustifiable discrimination” in institutions such as parliaments and the military, and highlighted cases of religious-based discrimination in government programs.
The letter (see below) highlighted how parliaments across Australia, including the national parliament, continue to impose daily acts of Christian worship as part of formal proceedings.
Dr Doig noted that many elected representatives, including Labor colleagues such as Senate President Sue Lines and the late Peta Murphy, protested the practice of parliament opening each day with Christian prayers.
In the letter, Dr Doig also noted that the Australian Defence Force discriminates against its majority non-religious workforce, with Army and Air Force continuing to refuse to provide non-religious pastoral care options.
Despite the Albanese government’s introduction of a secular option under the newly named National Student Wellbeing Program (NSWP), religious-based discrimination remains a feature of the program.
Dr Doig noted that the typical hiring practice in the program was for religious third-party providers to require candidates to have religious credentials.
In the charities sector, the federal government discriminates against non-religious people on the grounds of belief, providing official support for the “advancement” of religious worldviews while excluding equal support for the advancement of non-religious worldviews.
“Attorney-General, these examples point to unjustifiable discrimination against non-religious Australians on the grounds of religion and belief, discrimination perpetrated by important national institutions and by government policies and programs,” wrote Dr Doig.
“These issues are of great concern to an increasing number of Australians. If the government is fair-dinkum about addressing religious-based discrimination, then it should consult with non-religious communities on these matters.
“We would like to meet with you at any time to discuss these matters further.”
The Australian Christian Lobby (ACL) leader Michelle Pearse met with the Attorney-General earlier this year to discuss the government’s proposed Religious Discrimination Bill.
Ashlyn Vice, a spokesperson for the ACL, told Christian radio last week that the group expected the government to release details of the legislation in March, along with the Australian Law Reform Commission’s recommendations regarding the removal of religious schools’ exemptions to anti-discrimination laws.
In a submission to the Australian Law Reform Commission’s consultation process last year, the RSA supported proposed amendments to repeal the exemptions from discrimination laws that allow religious schools and institutions to sack or discipline staff on a number of grounds.
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Si Gladman is Campaigns & Communications Coordinator for the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.
Letter to Attorney-General Mark Dreyfus, 20 February 2024
Dear Attorney-General,
We’re writing to seek a meeting with you to discuss how the Albanese government will address ongoing religious-based discrimination against non-religious Australians in government institutions and programs.
In the context of your government’s work on introducing a new Religious Discrimination Bill into the parliament, we urge you to address a number of long-standing issues in which the government continues to privilege the interests of religious people over those of non-religious people.
Under international law, there is no justification for the perpetuation of differential treatment of religious and non-religious worldviews. Article 18(1) of the International Covenant on Civil and Political Rights states: “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice…” In 2018, the Ruddock inquiry into religious freedom in Australia emphasised that freedom of thought, conscience and religion “is a right enjoyed by all, not just those of faith”, and protects “those who live a life of faith and those who live by other beliefs or, indeed, no beliefs.”
Despite the proportion of Australians identifying as not religious continuing to rise rapidly – being on track to overtake Christianity at the 2026 Census – the Australian government and some of our most important institutions continue to discriminate against non-religious people in a number of ways.
We wish to speak to you in detail about how the Albanese government will address the following issues.
Parliamentary prayers
In the federal parliament, the House of Representatives and the Senate impose daily acts of Christian worship at the opening of each day. This is also the case in all state parliaments and, indeed, in many local councils.
The recital of Christian prayers in government institutions is discriminatory against not just non-religious elected representatives and staff of these institutions, but also people of minority faiths. The practice makes many elected representatives feel excluded and unwelcome simply because of their beliefs.
Many elected representatives have spoken out about the issue, but parliaments continue to ignore their concerns. In 2022, Senate President – and atheist – Sue Lines said she did not want to read the prayers. But the Senate still requires that she do so.
According to a speech in the House of Representatives by Labor MP Tania Lawrence in December, the late Peta Murphy MP used to hold silent protests to the prayer rituals every day by waiting outside the chamber. She did this “to remind herself and anyone else that we are a secular and multifaith society, and that one prayer can no longer represent all Australians”.
In Victoria now, one-third of legislators in the Legislative Council are boycotting the daily Christian prayers. Many in the lower house – including Labor members – have also begun boycotting the prayer. We understand that similar boycotts take place in the federal parliament and other state parliaments.
Also in Victoria, we understand that about 40 local councillors have signed a joint letter to the state government, protesting the recital of Christian prayers in council meetings and asking for the government to intervene.
Religious-based chaplaincy in the Defence Force
Although official Defence Force figures show that the majority of Navy, Army and Air Force personnel are not religious (being 64 per cent, as of 1 January 2023), the Defence Force does not – except for a handful of roles in Navy – offer uniformed non-religious pastoral care to its personnel.
The Defence Force relies on religious-based chaplaincy – overwhelmingly Christian chaplains, and increasingly Pentecostal Christians – to provide uniformed frontline wellbeing care support to Defence Force personnel. While Navy has introduced a handful of secular ‘Maritime Spiritual Wellbeing Officer’ positions, Army and Air Force have refused to follow suit.
The pastoral care capability is overseen by a committee of religious clerics – the Religious Advisory Committee to the Services (RACS), which is, effectively, a taxpayer-funded group that lobbies for the interests of religion in Defence. RACS is accused – by a former head chaplain – of blocking efforts for secular reform of the pastoral care capability. Non-religious Defence personnel have no equivalent voice to advocate for their interests within Defence.
We understand that others have contacted you to express concern that the discriminatory recruitment practices for ADF chaplains contravene section 116 of the Constitution, which prohibits religious tests for public offices.
Ex-service personnel have provided testimony to the Royal Commission into Defence and Veteran Suicide that they did not want to talk to religious chaplains because of the religious aspect. Given the mental health challenges within Defence, it is incredible that the government refuses to recognise the needs of non-religious service personnel and provide them with appropriate pastoral care.
School chaplaincy
Religious-based discrimination has long been a hallmark of the federal government-funded school chaplaincy program, with religious requirements of the program’s administration blocking suitably qualified non-religious candidates from working in these roles in public schools.
Despite the Albanese government’s reforms to the program, with the introduction of a secular option under the newly named National Student Wellbeing Program (NSWP), religious-based discrimination remains a feature of the program.
As outlined in our report, Religious discrimination in the recruitment of National Student Wellbeing Program (NSWP) workers in Australian public schools (2023), the usual practice is that only qualified youth workers who are Christian are eligible for NSWP youth worker jobs in public schools.
Federal government funding continues to go to third-party religious providers – overwhelmingly Christian providers – that only hire applicants who, for example, are “committed Christians”, “attend a local faith community”, and have “active and regular involvement in a Christian Community”.
This is happening despite religious-based discrimination against job applicants being unlawful in most states and territories, and despite the federal government’s NSWP guidelines saying that “the NSWP is not a religious program and does not provide religious instruction or religious counselling to students.”
Advancement of religion
Australia’s current charity arrangements unjustifiably discriminate against non-religious people on the grounds of belief, providing official support for religious worldviews while excluding similar support for non-religious worldviews.
The federal government gives special treatment to religious people by recognising ‘Advancement of religion’ as a charitable purpose in and of itself. Non-religious people (such as atheists, humanists and rationalists) are not afforded the same opportunity to advance their worldviews as a recognised charitable purpose. They are excluded from enjoying the same treatment on the grounds of belief.
These settings in the charity sector appear to be at odds with the will of the Australian public. Census figures show that Australians are increasingly rejecting religion and adopting non-religious worldviews. On current trends, non-religious Australians will overtake Christians at the 2026 Census, surging above 40 per cent of the population. Christianity will decline to 30-40 per cent.
Attorney-General, these examples point to unjustifiable discrimination against non-religious Australians on the grounds of religion and belief, discrimination perpetrated by important national institutions and by government policies and programs.
These issues are of great concern to an increasing number of Australians. If the government is fair-dinkum about addressing religious-based discrimination, then it should consult with non-religious communities on these matters.
We would like to meet with you at any time to discuss these matters further.
We look forward to hearing from you.
Regards,
Dr Meredith Doig
President, Rationalist Society of Australia