The theory explaining different types of state-religion or state-church relationships is a fundam... more The theory explaining different types of state-religion or state-church relationships is a fundamental part of the study of law and religion. At the tertiary level this is typically taught via the use of models which present a relationship between the different types of state-religion or state-church relationships and freedom of religion. These models have a number of shortcomings and tend to be used as a taxonomy rather than as an aid to understanding. In 2021, I piloted a new approach to teaching this model in a Law and Religion unit. This paper outlines the inspiration behind my approach in 2021, the steps involved in the activity, my reflections on the success of the activity, and my proposed refinements for 2022.
Victoria University Law and Justice Journal, Dec 31, 2019
Veganism, where adherents eschew the consumption of animals or their by-products, has seen a subs... more Veganism, where adherents eschew the consumption of animals or their by-products, has seen a substantial increase in popularity in recent years. Vegans who follow the diet for moral or ethical reasons (ethical vegans) have argued in the United States, with limited success and, more recently, in the United Kingdom that they should be protected from discrimination on the grounds of their adherence to ethical veganism, contending that ethical veganism should be subject to similar protections as religion. In the United Kingdom, anti-discrimination legislation protects philosophical beliefs in addition to religion and it was recently held in a preliminary hearing in Casamitjana v The League Against Cruel Sports that ethical veganism falls within the ambit of the relevant statute. The authors examine the situation in the United Kingdom and the United States and conclude that, given that Australian anti-discrimination statutes only refer to religion as a protected attribute, this outcome is unlikely to be replicated since veganism is highly unlikely to meet the current definition of religion.
The wearing of full face coverings by women in public, such as burqas and niqabs, has become a co... more The wearing of full face coverings by women in public, such as burqas and niqabs, has become a controversial and hotly debated issue both in Australia and around the world. While some overseas jurisdictions have opted to ban full face coverings Australia, despite some attempts to ban full face coverings, has so far opted for a more nuanced approach. This article examines the Australian debate from the calls for a complete ban of full face coverings by political leaders such as Senators Fred Nile and Cory Bernardi through to the passage of the Identification Legislation Amendment Act 2011 (NSW). In particular the article highlights that more recent debate on the issue has focused on ways in which concerns surrounding security and identity checks can be met without imposing a blanket ban on the wearing of full face coverings.
The theory explaining different types of state-religion or state-church relationships is a fundam... more The theory explaining different types of state-religion or state-church relationships is a fundamental part of the study of law and religion. At the tertiary level this is typically taught via the use of models which present a relationship between the different types of state-religion or state-church relationships and freedom of religion. These models have a number of shortcomings and tend to be used as a taxonomy rather than as an aid to understanding. In 2021, I piloted a new approach to teaching this model in a Law and Religion unit. This paper outlines the inspiration behind my approach in 2021, the steps involved in the activity, my reflections on the success of the activity, and my proposed refinements for 2022.
Victoria University Law and Justice Journal, Dec 31, 2019
Veganism, where adherents eschew the consumption of animals or their by-products, has seen a subs... more Veganism, where adherents eschew the consumption of animals or their by-products, has seen a substantial increase in popularity in recent years. Vegans who follow the diet for moral or ethical reasons (ethical vegans) have argued in the United States, with limited success and, more recently, in the United Kingdom that they should be protected from discrimination on the grounds of their adherence to ethical veganism, contending that ethical veganism should be subject to similar protections as religion. In the United Kingdom, anti-discrimination legislation protects philosophical beliefs in addition to religion and it was recently held in a preliminary hearing in Casamitjana v The League Against Cruel Sports that ethical veganism falls within the ambit of the relevant statute. The authors examine the situation in the United Kingdom and the United States and conclude that, given that Australian anti-discrimination statutes only refer to religion as a protected attribute, this outcome is unlikely to be replicated since veganism is highly unlikely to meet the current definition of religion.
The wearing of full face coverings by women in public, such as burqas and niqabs, has become a co... more The wearing of full face coverings by women in public, such as burqas and niqabs, has become a controversial and hotly debated issue both in Australia and around the world. While some overseas jurisdictions have opted to ban full face coverings Australia, despite some attempts to ban full face coverings, has so far opted for a more nuanced approach. This article examines the Australian debate from the calls for a complete ban of full face coverings by political leaders such as Senators Fred Nile and Cory Bernardi through to the passage of the Identification Legislation Amendment Act 2011 (NSW). In particular the article highlights that more recent debate on the issue has focused on ways in which concerns surrounding security and identity checks can be met without imposing a blanket ban on the wearing of full face coverings.
Uploads
Papers by Renae Barker