Religious Freedom and Freedom from Religious Discrimination: Implications for the Religious Discrimination Bill

Abstract

This article argues that religious freedom and freedom from religious discrimination are distinct but conceptually linked; in particular, freedom from religious discrimination is a sub-category of religious freedom. Their conceptual relationship is grounded in a common foundation of autonomy. However, autonomy in this context is not purely individualistic and includes group aspects. The article draws on this analysis to consider whether the most contentious provisions of the Commonwealth’s 2021 Religious Discrimination Bill were appropriate to include as properly implementing principles of freedom from religious discrimination. The article suggests that the ‘statement of belief’ provision was not appropriate to include because it implemented religious freedom principles more broadly. Conversely, the ‘conduct that is not discrimination’ provision implemented freedom from religious discrimination principles and therefore was appropriate to include in the Bill.