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Separation of church and state
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===Australia=== {{Main|Separation of church and state in Australia}} {{Further|Section 116 of the Constitution of Australia|Catholic Church in Australia}} [[File:Hbhiggins.jpg|thumb|right|[[H. B. Higgins]], proponent of Section 116 in the Australian pre-Federation constitutional conventions|alt=A black and white portrait of [[H. B. Higgins]]]] The [[Constitution of Australia]] prevents the Commonwealth from establishing any religion or requiring a religious test for any office: {{Blockquote|Ch 5 Β§ 116 The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.}} The language is derived from the United States' constitution, but has been altered. Following the usual practice of the [[High Court of Australia|High Court]], it has been interpreted far more narrowly than the equivalent US sections and no law has ever been struck down for contravening the section. Today, the Commonwealth Government provides broad-based funding to religious schools. The Commonwealth used to fund religious chaplains, but the High Court in ''[[Williams v Commonwealth]]'' found the funding agreement invalid under Section 61. However, the High Court found that Section 116 had no relevance, as the chaplains themselves did not hold office under the Commonwealth.<ref>{{Cite AustLII|HCA|23|2012|litigants=[[Williams v Commonwealth]]}} {{cite web|url=http://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hca23-2012-06-20.pdf|title=judgement summary|date=20 June 2012|publisher=[[High Court of Australia]]|access-date=2016-04-23|archive-date=2014-03-16|archive-url=https://web.archive.org/web/20140316114702/http://www.hcourt.gov.au/assets/publications/judgment-summaries/2012/hca23-2012-06-20.pdf|url-status=live}}</ref> All Australian parliaments are opened with a Christian prayer, and the preamble to the Australian Constitution refers to "humbly relying on the blessing of Almighty God".<ref>[http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/preamble Preamble to ''Commonwealth of Australian Constitution Act''] {{webarchive |url=https://web.archive.org/web/20160920070013/http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/preamble |date=September 20, 2016 }} (Imp.) 1900.</ref> Although the Australian monarch is [[Charles III]], also British monarch and Supreme Governor of the [[Church of England]], his Australian title is unrelated to his religious office and he has no special role in the [[Anglican Church of Australia]], despite being "by the Grace of God King of Australia". The prohibition against religious tests has allowed former Anglican Archbishop of Brisbane [[Peter Hollingworth]] to be appointed [[Governor-General of Australia]], the highest domestic constitutional officer; however, this was criticised.<ref name="hogan">Hogan, M. (2001, May 16). [http://www.australianreview.net/digest/2001/05/hogan.html Separation of church and state?] {{webarchive |url=https://web.archive.org/web/20160310121449/http://www.australianreview.net/digest/2001/05/hogan.html |date=March 10, 2016 }} ''Australian Review of Public Affairs''. Retrieved 2010-10-10.</ref> Despite inclusion in the "States" chapter, Section 116 does not apply to states because of changes during drafting, and they are free to establish their own religions. Although no state has ever introduced a state church ([[New South Wales]] restricted religious groups during the early colonial period), the legal body corresponding to many religious organisations is established by state legislation.<ref>{{cite Legislation AU|Vic|act|acoaca1960408|Anglican Church of Australia Constitution Act 1960}}.</ref><ref>{{cite Legislation AU|Vic|act|lcoavdia1971629|Lutheran Church of Australia Victorian District Incorporation Act 1971}}.</ref> There have been two referendums to extend Section 116 to states, but both failed. In each case the changes were grouped with other changes and voters did not have the opportunity to expressly accept only one change. Most states permit broad exemptions to religious groups from anti-discrimination legislation; for example, the New South Wales act allowing same-sex couples to adopt children permits religious adoption agencies to refuse them.<ref>{{cite web |url=http://www.advocate.com/News/Daily_News/2010/09/03/NSW_Parliament_Passes_Adoption_Bill/ |title=Adoption Bill Passed in NSW |publisher=The Advocate |access-date=2012-04-27 |url-status=dead |archive-url=https://web.archive.org/web/20111130072816/http://www.advocate.com/News/Daily_News/2010/09/03/NSW_Parliament_Passes_Adoption_Bill/ |archive-date=November 30, 2011 }}</ref><ref>{{cite Legislation AU|NSW|num_act|aasca2010n66377|Adoption Amendment (Same Sex Couples) Act 2010}}.</ref> The current situation, described as a "principle of state neutrality" rather than "separation of church and state",<ref name="hogan"/> has been criticised by both secularists and religious groups. On the one hand, secularists have argued that government neutrality to religions leads to a "flawed democrac[y]"<ref>Wallace, M. (2005). [http://www.hsnsw.asn.au/MaxWallace.html Is there a separation of church and state in Australia and New Zealand?] {{webarchive |url=https://web.archive.org/web/20160502154952/http://www.hsnsw.asn.au/MaxWallace.html |date=May 2, 2016 }} ''Australian Humanist'', ''77''. Retrieved 2010-10-10.</ref> or even a "pluralistic theocracy"<ref>Secular Party of Australia. (nd). [http://www.secular.org.au/mnu-viewpoints/mnu-separation-of-church-and-state The Separation of Church and State]. Retrieved 2010-10-10. {{webarchive |url=https://web.archive.org/web/20130812090044/http://www.secular.org.au/mnu-viewpoints/mnu-separation-of-church-and-state |date=August 12, 2013 }}</ref> as the government cannot be neutral towards the religion of people who do not have one. On the other hand, religious groups and others have been concerned that state governments are restricting them from exercising their religion by [[Racial and Religious Tolerance Act 2001#Criticism|preventing them from criticising other groups]] and forcing them to do unconscionable acts.<ref>Davidson, S. (2009, October 27). [http://www.crikey.com.au/2009/10/27/victorian-abortion-law-overriding-the-conscience-of-doctors/ Victorian abortion law: Overriding the conscience of doctors] {{webarchive |url=https://web.archive.org/web/20160303221920/http://www.crikey.com.au/2009/10/27/victorian-abortion-law-overriding-the-conscience-of-doctors/ |date=March 3, 2016 }}. ''Crikey''. Retrieved 2010-10-10</ref>
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