Finding Balance An Ethical and Reasoned Response to
‘Finding Balance: An Ethical and Reasoned Response to the Proposed EU Equal Treatment Directive and Other Discrimination Legislation’ Or…
Early Onset Dystopia: Heart Failure and Loss of Conscience? Neville Rochow SC Australian Bar University of Notre Dame Law School, Sydney University of Adelaide Law School European Office of the LDS Church Presentation at the Cardiff Law and Religion Festival 5 & 6 May 2016
Stories
Freedom of conscience, religion and belief
A Utopian Ideal?
Utopia Freedom of speech Minimal Free state association monitoring Freedom of religion and conscience No imposed Freedom ideology of trade Freedom to dissent
Utopian future: International Covenant on Civil and Political Rights Right to personal security and protection from arbitrary arrest and detention: ICCPR Article 9 Freedom of movement, freedom to leave and to enter one's own country: ICCPR Article 12 Right to privacy and protection from attack of honour: ICCPR Article 17 Freedom of thought, conscience and freedom of religion: ICCPR Article 18 Freedom of assembly and right to association: ICCPR Articles 21 and 22 Freedom of expression and freedom of speech but with special duty and responsibility not to harm others: ICCPR Article 19 Equality before law and protection from all discriminations by law:
Conscience ‘If there is any single theme for which Roger Williams is most revered, it is surely “freedom of conscience. ” That theme has also been, arguably, the foundation of modern liberalism, and has infused our more specific constitutional commitments to freedom of religion and freedom of speech. ’ Steven Smith
Conscience Marie Failinger : “[freedom of conscience] began as an argument that government must ensure a free response by the individual called distinctively by the Divine within [but by now] has come to mean very little beyond the notion of personal existential decisionmaking. ”
Dystopia Speech regulated Constant state monitoring Association regulated Religion not mentioned Strict control of ideology Trade regulated No dissent
Dystopian Past: A Man For All Seasons Conscience of Thomas More dictated by the King
Dystopian futures Huxley (1932) Orwell (1945, 1950) Bradbury (1953) Dick (1952 – 1982) Atwood (1986)
Dystopian future: religion receives no mention
Separation of Church and State and Liberation of Conscience
Path to Post-modernism Separatio n of State Reason Conscien ce
Ideals of the Enlightenment Separation of Church and State Freedom of conscience Human Rights Political freedom Reason Economi c liberty Nations
Utopia? Dystopia ?
Modern dilemmas
Freedom of political expression in small business
Corporate freedom of expression in sexual identity politics
Religious expression in commerce
Conscience is trumped • Recent trend in legislation and jurisprudence: • Treat religiously informed consciences as an inconvenience • A speed hump rather than a warning sign on the road to a more equitable society. • Any balance has been lost • ‘Butcher, baker and candlestick maker’ cases: US, Canada, UK and Australia • Anti-discrimination legislation in Australia • Out of schools and counter-terrorism measures in UK • Draft Equal Treatment Directive in EU
Reasons for ‘equality’ trumping freedom Political Correctness Zealous commitment to secularism Mistaken use of the concept of ‘equality’ when ‘equity’ is meant Mistaken notion of ‘conscience’ in identity politics Security considerations
Political Correctness As intended As it has become
Security
Equality Now major stress in knowing which agenda of equality to follow
Conscience?
Christian Youth Camps v Cobaw and ors • Secularist court specially empanelled • Sharp distinction between minority and majority on ‘identity’ • Majority misapplied and misunderstood European jurisprudence • Closely held and operated corporations cannot have a conscience • Individuals must leave their conscience at home when in trade and commerce
Equality – Professor Steven Smith ‘Equality is the master political concept of our age, and a concept that more and more seems to be the master of our age. [There is a need to explore the] various dimensions of equality by considering the complex and conflicted relationship between equality and religion…[B]eyond the positive contributions equality has made to our society, under current conditions equality also has the potential to be an engine of nihilism. ’
Equality – Professor Steven Smith ‘…as long as equality remains our master political concept– our dominant political ideal– its negative and potentially nihilistic propensities mean that our public discourse will remain unsatisfactory, operating often by evasion or trickery or rhetorical smuggling. ’
Distortion of concepts Equality ≠ Uniformity Fraternity ≠ Agreement Liberty ≠ Control Offence ≠ Harm ≠ Subjective
Dystopia Heart attack Loss of conscience
Questions?
- Slides: 34