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RSA seeks explanation from QLD government over human rights implications of prayer rituals

Si Gladman / 20 August 2024

The Rationalist Society of Australia has asked the Miles government to explain its position on whether the recital of Christian prayers in Queensland local government meetings is a breach of anti-discrimination and human rights laws.

RSA Executive Director Si Gladman wrote to Attorney-General Yvette D’Ath (pictured) after another elected representative raised questions about the human rights implications of imposing prayer rituals in government meetings.

In July, Southern Downs Regional Council mayor Melissa Hamilton called for the removal of prayers from meetings, arguing that the practice potentially breached the state’s human rights laws.

In the letter, Mr Gladman also wrote that the RSA believed the practice to be unlawful because including religious rituals as part of council meetings was not authorised by the Local Government Act 2009 (Qld)

“In including prayers as part of formal government meetings, local governments officially favour one religion over other religions and over non-religion. The practice is exclusionary and discriminatory against people who do not share the favoured religion,” wrote Mr Gladman.

“Attorney-General, please explain the Miles government’s position on whether reciting prayers – including reciting Christian-only prayers – as part of local government meetings is lawful under Queensland’s local government, anti-discrimination and human rights laws.”

In recent years, the Fraser Coast Regional Council warned its councillors that inviting only Christian figures to recite prayers would be “likely discriminatory” under Queensland’s anti-discrimination and human rights laws.

Also, the RSA has raised human rights concerns with the Redland City Council and has asked the Queensland Human Rights Commission to investigate that council’s practice of inviting only Christian ministers to lead sermons of between five to 10 minutes for the opening ‘Devotional Segment’. 

Earlier this year, the new Redland City mayor, Jos Mitchell, told the RSA that she had raised her concerns about the ‘Devotional Segment’ with her colleagues. However, the practice has not changed.

In Victoria, a number of councils have recently accepted the argument that the imposition of religious prayers as part of local government meetings contravened that state’s human rights laws.

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Si Gladman is Executive Director of the Rationalist Society of Australia. He also hosts ‘The Secular Agenda’ podcast.

Image: Yvette D’Ath (Facebook)

Letter to Attorney-General D’Ath, 29 July 2024

Dear Attorney-General D’Ath,

I’m writing on behalf of the Rationalist Society of Australia, which is Australia’s oldest freethought organisation promoting reason, secularism and evidence-based policy.A number of local government councils across Queensland open their formal meetings by observing exclusively Christian prayers – either recited by mayors or councillors, or a Christian figure from the local community.

For example, the Redlands City Council only invites Christian pastors to give a Christian sermon for about five minutes – and sometimes up to 10 minutes – for what is called the ‘Devotional Segment’. 

In including prayers as part of formal government meetings, local governments officially favour one religion over other religions and over non-religion. The practice is exclusionary and discriminatory against people who do not share the favoured religion.We believe the practice is unlawful because:

  • The practice amounts to religious discrimination contrary to the Anti-Discrimination 1991 (Qld); and
  • The practice does not give proper consideration to human rights and is contrary to the Human Rights Act 2019 (Qld).

We also believe it is unlawful because including religious rituals as part of council meetings is not authorised by the Local Government Act 2009 (Qld). In addition, section 4(2)(c) of the LGA Act says the local government responsibilities are to be performed in a manner consistent with the principle of “social inclusion”.

We note that, in recent years, a number of councillors have spoken out against the imposition of prayers in meetings. Just this month, the mayor of Southern Downs Regional Council, Melissa Hamilton, called for the removal of prayers from meetings and argued that the practice potentially breached the state’s human rights laws.

According to a media report, she said:

“In my opinion, including the prayer once the meeting has opened, potentially infringes the Act. Forcing someone to sit through a religious ceremony is in breach [of the Act] in my view…”

At Fraser Coast Regional Council in 2023, Chief Executive Officer Ken Diehm warned councillors that the practice of inviting only Christian leaders to recite prayers at the opening of meetings was, based on that council’s legal advice, “likely discriminatory” under Queensland’s anti-discrimination and human rights laws.

Attorney-General, please explain the Miles government’s position on whether reciting prayers – including reciting Christian-only prayers – as part of local government meetings is lawful under Queensland’s local government, anti-discrimination and human rights laws.

Regards,

Si Gladman

Executive Director,

Rationalist Society of Australia

All the more reason.