Can Establishment Be Consistent With Religious Freedom

Can Establishment be Consistent with Religious Freedom? In this paper, it will be submitted that some forms of establishment such as that in England and Scotland is consistent with religious freedom. While other forms of establishment such as that in Iran, which is noted as being an Islamic theocracy with the adoption of Sharia law is not consistent with religious freedom. However, before we go any further, it is important to define the term establishment and religious freedom as they relate to this essay. Establishment Defined In Attorney-General (Vic) (Ex rel Black) v Commonwealth, Gibbs J of the Australian High Court identified four examples of which religion could be established by law in relation to s 116 of the Commonwealth of Australia Constitution Act 1900. The first example, of which Gibbs J said was the widest meaning was simply to protect the religion by law, an example of this, is that Queen Elizabeth II is the ‘Defender of the Faith’. The second example is to confer on a religion the status of state religion, for example the Church of England. The third example is to support a church a church in the observance of its ordinances and doctrines, for example, in New Zealand we observe publicly three holy days a year, namely Good Friday, Easter Sunday and Christmas Day. The final example is simply to set up a new church, as happened in 1534 when King Henry VIII established the Church of England. In Parochial Church Council of the Parish of Aston Cantlow andShow MoreRelatedAlabama V. Jaffree ( 1985 )1737 Words   |  7 PagesWallace, Governor of Alabama v. Jaffree (1985): Central Question: Does the Alabama statute 16-1-20.1, allowing a period of silence for meditation or voluntary prayer violate the First Amendment Establishment Clause that is applied to the states by the Fourteenth Amendment? Facts of the Case: The case of Wallace v. 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