WEEKEND READ: Trump and Hanson live in a fantasy land on Muslim immigration

CRISPIN HULL




DONALD Trump and Pauline Hanson both fail the tests of logic and history when they call for bans on Muslim immigration because of its “threat” to American/Australian or the American/Australian way of life.

In the case of both countries, freedom from religious discrimination has been among the longest-standing facets of their cultures and way of life.

At their birth, both nations were determined to rid themselves of the religious discrimination against all who were not members of the Anglican Church that bedevilled Britain.

To this day, the British monarch is not permitted to be a Catholic. It was well into the 19 th century that religious tests were held for entry to Parliament, universities and the judiciary.

Australia was determined to have none of that.

During the 1890s constitutional debates in Australia, it was a non-Anglican Unitarian and Tasmanian Attorney-General, Andrew Inglis Clark, who proposed a clause requiring freedom of religious observance.

He was supported by Edmund Barton and Henry Higgins who were concerned that any reference to “Almighty God” in the preamble to the Constitution might be misinterpreted as giving the Commonwealth the power to establish a state religion or to make laws that might discriminate against some religions.

They thought it would be a good idea to make it clear that there would be no established religion in Australia; that Australians would have freedom of religious worship; that there would be no imposition of religious worship; and that there would be no religious test for any Commonwealth office or public trust.

And thus Section 116 of the Constitution came into being.

In the ensuing 116 years, the High Court has ruled on only the first two of those four elements – mainly because no government has been silly enough to impose any requirement for religious worship or impose any religious tests.

But in Hanson’s fantasy world, if a ban or restriction were imposed on Muslim immigration, it would surely run up into constitutional strife. Residency and citizenship have sufficient elements of “public trust” that it would be struck down as an unacceptable religious test requiring that the applicant be any religion but Islamic.

In other cases, the court has unfortunately held that state aid to religious schools and chaplaincy programs do not offend the non-establishment clause; and that any number of claims for exemptions from ordinary law on religious grounds would not fly. It could have given more teeth to the separation of church (mosque) and state by did not.

In any event, Australians saw the wrong of religious preference and discrimination in Britain from the country’s earliest days. We inherited an enormous amount of political, cultural and institutional fabric from Britain, so it is significant that we specifically rejected the idea that one religion (or one branch of it) – Anglicanism – could have a privileged position and those who did not practice it would be discriminated against. They were called Nonconformists.

So, far from tolerance of Muslims being somehow a threat to the Australian way of life, it is, in fact, the very expression of one of the longest-standing elements of that way of life.

The American and Australian rejection of religious discrimination is instructive. Of course, whatever the words of the Constitution said, they did not prevent discrimination on the ground. Catholics were discriminated against until the 1970s, and Australia was the poorer for it. The important point is that societies which discriminate against religious minorities; women; the disabled; or because of sexual orientation deny themselves the talents of great segments of their population.

Scandinavia is a classic example. Its early weeding out of sexual discrimination resulted in half its population reaching fulfillment and greatly improving economic output.

Andrew Inglis Clack is another good example. In Britain, as a Unitarian Nonconformist he would have been excluded. In Australia he was one of the main architects of our Constitution.

There is another, and perhaps more important, point about a constitutional guarantee for religious toleration. If religious toleration is enshrined in law it helps prevent one of the fundamental evils of religion. Nearly all religions say that they are the one true way and the ultimate aim of their religion is to have everyone on earth observe their religion and no other. Ultimately that leaves to enslavement.

However, in a state which guarantees freedom for all religions freedom that cannot happen.

In short, a state which tolerates all religions respects none. It says none of you is superior, better or the one true way. You all are as silly as each other and we will tolerate you all.

It is a great irony: by tolerating all religion a society ensures that it does not ever get enslaved by any one religion.

That said, toleration is terrific, but that should not extend to outright promotion of religion. And this is where Section 116 and the High Court’s interpretation of it have failed. The High Court has allowed state aid to religious schools and wasteful ($200m and counting) programs to put chaplains into schools.

No-one has challenged the compulsory Christian prayers at the beginning of parliamentary sessions.

No-one has challenged the tax-exempt status of religious bodies. Sure, secular charities have a case for exemption, but if a big part of the brief is to convert people to your religion why should there be tax exemptions for that business?

At least the High Court got it right in the early 1980s in that case when it held that the “Church” of Scientology was entitled to the same tax relief as the Anglican Church  – more or less saying that one person’s cult is another person’s religion. All religious idiocies are equal in the face of the tax authorities.

The court has also got it right over the years in dealing with religious claims for special exemptions from the ordinary law on religious grounds. My religion says I must be allowed to smoke dope; I cannot wear a bicycle helmet; I cannot do military conscription; my employer must give me Friday/Saturday/Sunday off and so on.

In short, Pauline and Donald, let everyone engage in whatever mumbo jumbo they like, provided it does not interfere with the rest of us, but never inflict a disadvantage on someone just because they have fallen for one brand of mumbo jumbo rather than another.

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