Religion as Politics not Law: the Religion Clauses in the Australian Constitution1

Abstract

The Australian Constitution provides for the protection of religious freedom and prohibits establishment in very similar terms to the United States Constitution. Yet while Australian judges have often stated the importance of religious freedom in a democratic state and have defined religion in a broad, culturally sensitive way, they have taken a narrow approach to the scope of religious freedom and to the meaning of establishment. The end result is that the courts have played very little role in determining the boundaries of acceptable government or legislative behaviour in the regulation of religion. Instead, the key decisions have been left to the political branches of government, which have been given a broad scope of power to engage in all but the most direct and egregious breaches of religious freedom. This article begins with an overview of the history of the drafting of the religion clauses of the Australian Constitution and then gives a detailed analysis of the way in which those clauses have been interpreted by the High Court. It concludes that the approach of the High Court in interpreting the religion clauses narrowly, as a constraint on government power rather than a right, has limited the capacity of the Court to participate meaningfully in the key legal questions around religious freedom. While this approach might have been workable in the past, the growing complexity of regulating religion means that the courts need to be able to develop more sophisticated legal approaches to questions of religious freedom.     

Awash in a Sea of Faith and Firearms: Rediscovering the Connection Between Religion and Gun Ownership in America

The United States is awash in a sea of both faith and firearms. Although sociologists and criminologists have been trying to understand the predictors of gun ownership in the United States since the 1970s, it has been over two decades since social scientists of religion have been part of this important conversation. Consequently, religion is nothing more than a control variable in most studies of gun ownership. Even then, scholars have rarely gone beyond a basic measure of religious affiliation in which Protestant = 1 (else = 0). This article therefore seeks to bring social scientists studying religion back into the conversation about gun ownership in America and to move the discussion forward incrementally. It does so in three ways. First, it employs a more sophisticated measure of religious affiliation than has been used to study gun ownership in the past. Second, it measures religiosity beyond simply religious affiliation. Third, it recognizes and seeks to specify some of the various ways in which the relationship between religion and gun ownership may be mediated by other religiously influenced sociopolitical orientations. Using data from the 2006–2014 General Social Survey, hierarchical binary logistic regression models show significant effects of evangelical Protestant affiliation, theological conservatism, and religious involvement on personal handgun ownership.     

Attendance Matters: Religion and Ethical Affirmation of Gay and Lesbian Sexuality

This paper uses data from the 1974–2010 General Social Surveys to analyze the relationship between religion and ethical affirmation of gay and lesbian sexuality. Religion has become increasingly important in understanding the greater variation in ethical affirmation of same-sex sexuality over this time period. Yet in contrast to previous studies which have emphasized denominational affiliation, orthodoxy of religious belief, or alignment along a left–right political or theological spectrum as the key predictors, this study emphasizes the role of social isolation. With the sole exception of recent Mainline Protestants, religious service attendance is found to be a strong predictor of levels of affirmation regardless of denominational affiliation or level of conservatism, with liberal Christians who attend weekly religious services looking very similar to conservative Evangelicals who attend fewer services. A potential argument explaining this finding is put forth: Weekly attenders of religious services are more likely to be isolated into a narrower institutional field while more occasional attenders may hold identical theological and political beliefs but are more likely to have a breadth of perspective that comes from multiple institutional connections. As such, the barriers to greater affirmation of gay and lesbian sexuality may be less about religion than about social isolation.     

Uptake of Breast Screening is Influenced by Current Religion and Religion of Upbringing

Research has shown that individuals with a current religious affiliation are more likely to use preventive health services. The aim of this study was to determine whether breast screening uptake in Northern Ireland is higher amongst women with a current affiliation to an organised religion and, for those with no current affiliation, to examine whether their religion of upbringing is associated with uptake of breast screening. The Northern Ireland Longitudinal Study (NILS) was used to link Census and national breast screening data for 37,211 women invited for routine breast screening between 2001 and 2004. Current religious affiliation, religion of upbringing and other demographic and socio-economic characteristics were as defined on the Census form. Multivariate logistic regression was used to determine the relationship between religion affiliation and attendance. Uptake of breast screening is about 25% lower for those without a current religious affiliation. There are modest differences between Catholics and Protestants, with the latter about 11% more likely to attend for screening. For those with no current religion, the religion of upbringing appears to positively influence attendance rates. These differences remain after adjustment for all of the socio-demographic and socio-economic factors that have been shown to influence uptake rates of breast screening in the UK to date. Record linkage is an efficient way to examine equity across demographic characteristics that are not routinely available. The lower uptake amongst those with no religious affiliation may mean that screening services may find it difficult to maintain or improve uptake rate in an increasingly secularised society.     

Are Religious Women More Traditionalist? A Cross-National Examination of Gender and Religion

Does national context shape the relationship between religious attendance and women's gender ideologies? Although previous studies have examined gender and religion within a single national context (and often in a single faith community), few have done so using a cross-national comparative perspective. This has left a significant gap in our understanding of how gender and religion operate in distinctive national contexts. Relying on survey data collected in 37 countries, this study analyzes how the relationship between religious attendance and women's gender ideologies is conditioned by their country's gender inequality. The findings indicate that while women's religious attendance is, on average, negatively related to egalitarian gender ideologies, this association is conditioned by religious affiliation. The relationship is also contingent on the level of gender inequality experienced, and grows weaker in countries with more prominent gender inequality. This study reveals the mechanisms that contextualize the intersection of gender and religion.     

How Does Religion Promote Forgiveness? Linking Beliefs,Orientations, and Practices

Scholars have long observed that religion and forgiveness are generally positively linked, but it is unclear why this is the case. This article proposes and tests potential mechanisms by which religion promotes forgiveness. Using data from the 1998 General Social Survey, I find that holding a collaborative orientation toward God, subscribing to a pervasive role of religion, and believing God forgives are primary factors promoting one's propensity to forgive both oneself and others. These factors have varying influence on interpersonal forgiveness compared to self‐forgiveness and further illuminate the differences between the two processes. My findings demonstrate the importance of analyzing a person's religious beliefs and orientations directly, in addition to examining other dimensions of religion, such as affiliation, frequency of religious activity, and official religious teachings.     

"Demographic Futures for Christianity and the World Religions"

Abstract :  Since before 1970 Christian researchers have been tracking the massive demographic shift of Christianity to the Southern Hemisphere and noting the increasingly religious nature of populations around the world. At the same time, writers on the future of religion have been drawn to extreme portrayals of decline or revival of religion. However, the world's religious situation is replete with detailed information, drawn from enormous data collections on religious affiliation and questions about religion in government censuses. Quantitative tools, utilizing this information in the context of demography provide a more nuanced view of humankind's religious future. Demographic trends coupled with conservative estimates of conversions and defections envision over 80% of the world's population will continue to be affiliated with religions 200 years into the future. This religious future will have a profound influence on Christian theology, relations between religions, and the interaction between religion and politics.     

Baring Their Souls in Online Profiles or Not? Religious Self‐Disclosure in Social Media

This study measured the prevalence of religious self‐disclosure in public MySpace profiles that belonged to a subsample of National Study of Youth and Religion (NSYR) wave 3 respondents (N = 560). Personal attributes associated with religious identification as well as the overall quantity of religious self‐disclosures are examined. A majority (62 percent) of profile owners identified their religious affiliations online, although relatively few profile owners (30 percent) said anything about religion outside the religion‐designated field. Most affiliation reports (80 percent) were consistent with the profile owner's reported affiliation on the survey. Religious profile owners disclosed more about religion when they also believed that religion is a public matter or if they evaluated organized religion positively. Evangelical Protestants said more about religion than other respondents. Religiosity, believing that religion is a public matter, and the religiosity of profile owners’ friendship group were all positively associated with religious identification and self‐disclosure.     

State,religion and the legal framework in Estonia ∗

Abstract

Estonia has a reputation as one of the most liberal countries as far as religion is concerned. At the same time Estonian society is also highly secularised. In the postcommunist period the principles of freedom of religion were laid down in the constitution adopted by referendum in 1992, and the first law on religious associations as legal entities was passed by parliament in 1993. This law reflected the ‘free market’ atmosphere of the early 1990s: all religious associations registered according to the law were treated equally. There are areas where state and religious institutions have found common interests. The main partners for the state have been the Estonian Evangelical Lutheran Church and the ecumenical association the Estonian Council of Churches. Could this be considered discriminatory when approximately 98 per cent of the adherents of any religion in Estonia claim to be Christians? There are different answers to this question. In 2002 a new law on religious associations replaced the previous law, but followed the principles established in 1993. There are also other laws and regulations on different aspects of religion, from the role of religion in public institutions like the army to religious traditions such as the slaughtering of animals. It could be argued that the successful establishing and maintaining of a liberal legislative framework for religion in Estonia is at least partly the outcome of the high secularisation level of Estonian society.     

Religion and the five factor model of personality: An exploratory investigation using a Canadian university sample

The purpose of the present study was to examine the relation of religion, defined in terms of religious affiliation, religious involvement and religious orientation, to the five factor model of personality as measured by the NEO Personality Inventory-Revised using a religiously heterogeneous sample of 1129 Canadian university students. Results indicate that NEO-PI-R Agreeableness and Conscientiousness domains are significantly related to and affected by religion as measured across all three operationalizations of the construct used, though some sex differences were observed. Contrary to expectation, Neuroticism was found to differ as a function of religious affiliation with persons, particularly females, reporting No Religion obtaining significantly higher scores than those persons reporting a formal religious institution for their affiliation. Findings involving Extraversion were also inconsistent with hypotheses; Extraversion did not significantly relate to any form of religion measured. Openness was found to be largely unassociated with religion except for a significant negative correlation with a measure of extrinsic religious orientation. The article concludes with a discussion of the implications of the findings in relation to existing literature and Eysenck's hypothesis that religiousness is a function of conditionability and tender-minded attitudes. Limitations of the study and suggestions for future research are also overviewed.     

Religion: Not declining but changing. What do the population censuses and surveys say about religion in Estonia?

Abstract

This paper investigates religious affiliation in Estonia, considered to be one of the most secularized countries in the world and in which less than one third of the population affiliates with a religion on population censuses. Firstly, the article scrutinizes these data methodologically, comparing census results with findings from other survey and opinion polls. It finds that census data correlate with those from face-to-face surveys, while postal surveys tend to show considerably higher rates of religiosity and affiliation. Secondly, the article considers the findings themselves. According to census data, 29 percent of the population remained religiously affiliated between 2000 and 2011. However, the census also captures interesting changes over that period that illuminate the situation further. Significantly, Estonia is the first European country in which the traditional majority church has been usurped by a denomination associated with the largest ethnic minority group and which makes a strong connection between cultural and national identities. The article places this finding in the context of Central and Eastern European census data to argue that religious affiliation tends to remain high in societies where religious and national or ethnic identities have close ties, whereas traditional denominations have been declining in societies where these kinds of connections are weak. This factor helps explain variation between experiences of religious change in post-Socialist contexts.     

Religious or Minority? Examining the Realisation of International Standards in Relation to Religious Minorities in the Middle East

Abstract

The Middle East region has had a long, and periodically impressive, record of religious diversity, yet there is much concern regarding the contemporary standing of its religious minorities. Rather than assessing the chequered historical record of religious minorities in the Middle East, the purpose of this article is to provide an assessment of how international human rights standards may best be utilised to advance their rights. The contention of this article is that the human rights of religious minorities in the Middle East have primarily been considered under the lens of freedom of religion or belief. Relevant though this framework is to their concerns, it will be suggested that promoting the rights of the Middle East's religious minorities through the framework of minority rights may provide a more promising avenue for their protection. The purpose of the article is therefore to provide a reassessment of how best to negotiate the rights of religious minorities in the Middle East. The focus will be on formal legal and political obstacles to the enjoyment of their rights entitlements. Though a broader contextual analysis also assessing economic, cultural and sociological factors would be highly informative, it lies beyond the scope of this article. Despite the fact that minority rights provisions apply to members of minorities alongside all other human rights – among them freedom of religion or belief – the two lenses of minority rights and freedom of religion or belief highlight somewhat different provisions and protections. The two are certainly not mutually exclusive or in contradiction with one another, but a state that prioritises one set of legal and policy options over the other will arrive in different places.     

Does Religion Increase the Prevalence and Incidence of Obesity in Adulthood?

Previous research reveals that religion in America is related to variations in body weight. This article examines the relationships between religion and both body mass index (BMI) and obesity, which have increased in prevalence in the United States over the past two decades. Using longitudinal data from a national sample of adults, this study prospectively examines whether dimensions of religious life are associated with weight gain and the development of obesity during eight years of follow-up. We examine four dimensions of religiosity (attendance, salience, media practice, and consolation) and religious affiliation. Ordinary least squares regression analyses reveal that high levels of religious media practice are associated with higher BMI in women. Logistic regression analyses reveal that high levels of religious media practice and affiliation with a Baptist denomination increased the risk of obesity for women, but that a high level of religious consolation reduced the risk of obesity incidence for men. Attendance at religious services was associated with a lower risk of the incidence of obesity for women, suggesting the importance of studying links between dimensions of religious life and body weight.     

Are religious ‘nones’ secular? The case of the nones in Australia

The number of people with no religious affiliation (religious ‘nones’) is growing in the west. However, little is known about the religiosity – or non-religiosity – of these people. Using representative survey data, this report examines the levels of religious belief and practice among Australian religious nones and compares this with those who identify with a religion. It is found that there is a deep congruence with no religious affiliation and other ways of being considered non-religious.     

Religion,Type A behavior,and health

In a study of air traffic controllers, religious differences are found in the way Type A behavior is associated with several health status indicators. Associations between the Jenkins Activity Survey (JAS) and physical illness incidence, health-promotive behavior, diastolic and systolic blood pressure, subjective distress and impulse control problems, and alcohol consumption are examined by religious attendance, religious affiliation, and change in affiliation. Findings confirm that Type A does not vary significantly by religion. However, there are several significant findings between Type A and various health indicators. Type A is associated with illness incidence, overall and more strongly in several religion, subgroups. Type A and alcohol consumption are related positively in Protestants and converts, and negatively in churchgoing Catholics. Type A is related to impulse control problems in churchgoing Protestants and to subjective distress in churchgoing Catholics. Finally, in individuals with weak or no religious ties, Type A is associated with lower blood pressure. This last finding suggests that in some people (for example, the irreligious or unchurched), the coronary-prone behavior pattern may have cardiovascular effects which are salutary in at least one respect.The authors wish to thank Dr. Kyriakos S. Markides and Laura A. Ray for their assistance with this study. Address requests for reprints to Dr. Levin at the Institute of Gerontology, 300 North Ingalls, Ann Arbor, MI 48109.     

A Theory of Religious Accommodation

abstract    This paper examines the moral case for a right to religious accommodation, which requires that religious conduct be free of any serious burdens placed on it by the state. Two different types of normative argument for this right are outlined and rejected. The first appeals to religion as a 'basic good', and the second to religion as an 'intense preference'. In place of these, I suggest that a third type of argument has greater prospects of success. Religious accommodation is justified on the grounds that religious conduct is a 'derivative good'— that is, it derives its value from its being necessary for something else, namely, the integrity of the religious person.     

Inequities in Under-Five Mortality in Nigeria: Differentials by Religious Affiliation of the Mother

Observations in Nigeria have indicated polio vaccination refusal related to religion that ultimately affected child morbidity and mortality. This study assessed the role of religion in under-five (0–59 months) mortality using a cross-sectional, nationally representative sample of 7,620 women aged 15–49 years from the 2003 Nigeria Demographic and Health Survey and included 6,029 children. Results show that mother’s affiliation to Traditional indigenous religion is significantly associated with increased under-five mortality. Multivariable modelling demonstrated that this association is explained by differential use of maternal and child health services, specifically attendance to prenatal care. To reduce child health inequity, these results need to be incorporated in the formulation of child health policies geared towards achieving a high degree of attendance to prenatal care, irrespective of religious affiliation.     

Religion and HIV Risk Behaviors Among Married Men: Initial Results from a Study in Rural Sub-Saharan Africa

Although some scholars have identified religion as a possible protective factor in the AIDS pandemic in sub-Saharan Africa, evidence concerning the relationship between religion and AIDS behavior there remains sparse. Using a sample of married men from rural Malawi, we examine whether AIDS risk behavior and perceived risk are associated with religious affiliation or with religious involvement. Our analyses of data from the Malawi Diffusion and Ideational Change Project (2001) reveal substantial variation according to religious affiliation and religious involvement. Men belonging to Pentecostal churches consistently report lower levels of both HIV risk behavior and perceived risk. Regular attendance at religious services is associated both with reduced odds of reporting extramarital partners and with lower levels of perceived risk of infection.     

Research and Theory Religion and Spirituality in Coping With Stress

Relations among and between religion, spirituality, and the ability to cope with stress were examined using a sample of 115 graduate students in counseling. Religion and spirituality positively correlated with coping with stress. Counseling students who expressed spirituality through religious beliefs had greater spiritual health and immunity to stressful situations than counseling students who identified themselves as spiritual but not religious. Counseling students with a religious/spiritual affiliation indicated more discomfort counseling clients hostile to religion compared with counseling students with a spiritual‐only affiliation. The results have implications for preparing counseling students to work with clients with religious/spiritual issues.     

Religious Homogamy and Marital Satisfaction in South Korea: Exploring Variations across Religious Groups

This study examines whether and how the association between religious homogamy (i.e., whether spouses have the same religious affiliation) and marital satisfaction varies across religious affiliations by utilizing a unique context that four large religious groups (i.e., Buddhists, Protestants, Catholics, and religious nones) coexist in South Korea. Our results show that while religious homogamy has a positive relationship with marital satisfaction among Protestants and Catholics, there is no such association among Buddhists. This study also reveals that higher levels of religious attendance intensify the positive relationship between religious homogamy and marital satisfaction only among Protestants. Moreover, religious heterogamy is positively associated with marital relationships among religious nones compared to religious homogamy. However, this pattern held only for religious nones who married Buddhists or Catholics. We discuss the implications of our findings for research on religion and marriage from cross-cultural perspectives.