"Church and State: Australia's Imaginary Wall"

Tom Frame, Church and State: Australia's Imaginary Wall (Sydney: UNSW Press, 2006).

Frame's slim book (96 pages) adopts a middle-ground on the debate over the relationship between church and state in Australia.  He argues that both the Christian majority and the secular minority should refrain from extremist positions.  For Christians, Frame supports his argument with a reference to both history and theology:

"It can be said with some certainty, however, that there is nothing in the Bible or in Christian history which justifies or encourages the fusion of church and state.  It harms religion and distorts the church.  While it might be appealing to Christians starved of social or political influence to embrace the state, merging church and state into a single entity would not deliver what its advocates promise." (p. 31)

For secularists, Frame argues:

"Australia does not need a wall of separation between church and state, and none will be needed in the near future if the recent past is any guide."  (p. 95)

Overall, Frame suggests that Christians focus on spiritual outreach and reformation of individuals instead of trying to coercively influence public life through government support, while simultaneously suggesting that secularists be content with non-coercive, non-denominational governmental displays that reflect the heritage of the Christian majority.

In regards to the religious beliefs of Australians, Frame offers an interesting perspective:

"I concluded some time ago that Australians are generally indifferent to religious concepts, other than when they might demand some moral response, and that they are spiritually unresponsive.  To the vast majority, religion is largely about formalised rituals of commemoration.  Spirituality is just another dimension of therapy for those so inclined.  A scent of Christianity continues to pervade the public sphere but it is fading fast."  (p. 67)

It is a brief book, but it is definitely well-research and well-written.  Trying to summarize the evolution of Christianity on the separation of church and state globally in fifteen pages is an impossible goal, but Frame does about as good a job as is possible.  There's also a brief summary of how the Australian Constitution and High Court treat religion, which is also useful for a quick overview.

Religion Provisions of the 2010 Constitution of Guinea

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Here are the religion provisions of the 2010 Constitution of Guinea.  The provisions fall squarely into the traditional mode of liberal constitutionalism, as they guarantee secularism, equal protection of religion, and religious freedom.

Source:  World Constitutions Illustrated (HeinOnline)

Establishment Clause

Article 1

Guinea is a unitary republic, indivisible, secular, democratic and social.

Equal Protection of Religion

Article 1  It assures the equality before the law of all the citizens without distinction of

origin, of race, of ethnicity, of gender [sexe], of religion and of opinion.

Article 8  No one may be privileged or disadvantaged by virtue of [en raison de] their sex,

of their birth, of their race, of their ethnicity, of their language, of their beliefs

and of their political, philosophical or religious opinions.

Freedom of Religion

Article 1  It respects all beliefs.

Article 7

Each one is free to believe, to think and to profess their religious faith, their

political and philosophical opinions

Article 14

The free exercise of worship [culte] is guaranteed, under reserve of the respect

for the law and the public order. The religious institutions and communities are

created and administered freely.

Muslim Shrines Destroyed in Timbuktu

The July 2, 2012 issue of The Australian reports that the ancient tombs of Muslim saints Sidi Mahmoud, Sidi Moctar, and Alpha Moya were destroyed in Timbuktu by an Islamic militant group named Ansar Dine.  The group believes that such shrines are idolatrous, and has stated it plans to continue destroying "every mausoleum in the city . . . all of them, without exception."  The action has led to condemnation from the government in Mali and UNESCO, which had placed Timbuktu on its list of endangered World Heritage sites.

Religion Provisions of the 2006 Constitution of Gibraltar

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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The 2006 Constitution of Gibraltar contains a long and detailed religious freedom guarantee.  The section of religious education is interesting, as is the broad equal protection guarantee that does not specifically mention religion.

Religious Freedom

Article 1  (b) freedom of conscience, of expression, of assembly, of association and

freedom to establish schools;

9.-(1) Except with his own consent, no person shall be hindered in the enjoyment of

his freedom of conscience, and for the purposes of this section the said freedom

includes freedom of thought and of religion, freedom to change his religion or belief,

and freedom, either alone or in community with others and both in public and in

private, to manifest and propagate his religion or belief in worship, teaching, practice

and observance.

(2) Except with his own consent (or, if he is a minor as prescribed by law, with the

consent of his guardian), no person attending any place of education shall be required

to receive religious instruction or to take part in or attend any religious ceremony or

observance if that instruction, ceremony or observance relates to a religion that he

does not profess.

(3) No religious community or denomination shall be prevented from or hindered in

making provision for the giving, by persons lawfully in Gibraltar, of religious

instruction to persons of that community or denomination in the course of any

education provided by that community or denomination.

(4) No person shall be compelled to take any oath that is contrary to his religion or

belief or to take any oath in a manner that is contrary to his religion or belief.

12.-(1) No religious denomination and no religious, social, ethnic or cultural

association or group shall be prevented from establishing and maintaining schools at

its own expense.

Equal Protection of Religion?

Note: Broad anti-discrimination provision, but religion is not specifically named

14(3)  In this section, the expression “discriminatory” means affording different

treatment to different persons attributable wholly or mainly to their respective

descriptions by race, caste, place of or social origin, political or other opinions or

affiliations, colour, language, sex, creed, property, birth or other status, or such other

grounds as the European Court of Human Rights may, from time to time, determine to

be discriminatory, whereby persons of one such description are subjected to

disabilities or restrictions to which persons of another such description are not made

subject or are accorded privileges or advantages that are not accorded to persons of

another such description

Religious Education

14(5)  Nothing contained in any law shall be held to be inconsistent with or in

contravention of subsection (1) to the extent that –(b) it makes reasonable provision for ensuring that persons holding office as aforesaid and giving instruction in schools maintained by the Government and attended wholly or mainly by pupils of a particular religious community or

denomination are acceptable on moral and religious grounds to that religious

community or denomination, or to the authorities of that community or

denomination.

Ceremonial Deism

Schedule 1

Oath of Allegiance

I, , do swear [or solemnly affirm] that I will be faithful and bear

true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors,

according to law. [So help me God.]

Oath for the due execution of the office of Governor

I, , do swear [or solemnly affirm] that I will well and truly serve

Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Governor

and Commander-in-Chief of the City of Gibraltar. [So help me God.]

Oath for the due execution of the office of member of the Council of Ministers of

the City of Gibraltar

I, , do swear [or solemnly affirm] that I will well and truly

serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, and Gibraltar and its

people, in the office of [Chief Minister] [Minister] of the Government of Gibraltar.

[So help me God.]

Judicial Oath

I, , do swear [or solemnly affirm] that I will well and truly

serve Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the office

of Chief Justice/Puisne Judge/President of the Court of Appeal/Justice of Appeal of

the City of Gibraltar and will do right to all manner of people after the laws and

usages of the City of Gibraltar without fear or favour, affection or ill will. [So help

me God.]