From Section 116 of the Constitution: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 …" property="og:description"> From Section 116 of the Constitution: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 …" name="twitter:description"> Skip to content Skip to main navigation

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Good Friday’s Unconstitutional laws?

By gooterz - 29 March 2013 48

http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s116.html”>From Section 116 of the Constitution:

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.

Seems silly that we all get a day off yet everything is closed and we’re forced to observe a religious holiday that also goes against Australian constitutional law.

I would say the Constitution would supersede any laws preventing stores to open this weekend?

What’s Your opinion?


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48 Responses to
Good Friday’s Unconstitutional laws?
1
PrinceOfAles 5:55 pm
29 Mar 13
#

Which law is preventing a store from opening on Easter? Who is forcing you to observe Easter? Can`t you go a single day without having to buy something? Does your life really suck so badly that work is the only thing that keeps you going?

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2
moneypenny2612 6:03 pm
29 Mar 13
#

“It’s the Constitution. It’s Mabo… it’s the vibe.” — The Castle

What law has the Commonwealth made that infringes section 116 of the Constitution?

Here shops are closed because their owners choose not to open today. God forbid if shop owners or workers want a holiday too. (And… god bless penalty rates)

AFAIK there are no laws in the ACT that require you to be a Christian, nor laws that restrict shop trading hours.

In other states there are restrictive shop trading laws – but this does not force religious observance either. If you are in Queanbeyan you are not legally required to attend church today or read the bible.

Nice try though.

Enjoy your freedom. Have fun shopping tomorrow.

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3
buzz819 6:08 pm
29 Mar 13
#

Lets see…

The Commonwealth shall not make any law establishing any religion – does Good Friday do that….. Nope….

The Commonwealth shall not make any law imposing any religious observance – does Good Frida do that? …. Nope, you will find that it is classed as a public holiday, but like ANZAC Day, Melbourne Cup Day (Melbourne) and Family picnic day, you don’t have to go to church or undertake any religious observance – Collective agreements etc. that workers sign make it a day that shops are closed.

The Commonwealth shall not make any law prohibiting the free exercise of any religion – Good Friday – Nope still no laws made in relation to that, although my gym was shut so I couldn’t exercise, but in saying that I’m not religious…

No religious test shall be required as a qualification for any office or public trust…. Good Friday – still not really covered in that, cause it’s not really part of a job application.

So just because you found a piece of legislation that says something about religion, it does not mean that because of a religious holiday, that piece of legislation is pertinent. If that were the case then the calendar would not be able to be used, gay marriage would be legal blah blah blah….

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4
Skidbladnir 6:24 pm
29 Mar 13
#

What bulls*** is this?
Have you just discovered a law relating to religion and thought it was good enough to grind your axe against?

Get off my internet and back into your sheltered workshop.

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5
Heavs 6:34 pm
29 Mar 13
#

bush lawyers are my favourite kind of lawyers.

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6
Sandman 6:34 pm
29 Mar 13
#

If you were in retail would you open your shop on a day where half the city has left town and the remaining potential customers are self righteous whiners?

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7
gooterz 7:10 pm
29 Mar 13
#

Shop Trading Act 2008 [NSW] applies to NSW and thus somewhat to the ACT though companies that operate in both and are managed in NSW, etc. All the larger companies don’t open on good Friday (but do on other holidays), and ACT gov doesn’t seem to advertise that stores can be open.

Holidays Act 1958, makes reference to “Good Friday”, “the Saturday following Good Friday” , “the Monday following Good Friday”
How does one know the dates of these shifting events (which are tied to the moon) other than their religious observances, the only thing that determines them is the religious event, and its enforced by the forced payment of higher wages.

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8
buzz819 7:32 pm
29 Mar 13
#

gooterz said :

Shop Trading Act 2008 [NSW] applies to NSW and thus somewhat to the ACT though companies that operate in both and are managed in NSW, etc. All the larger companies don’t open on good Friday (but do on other holidays), and ACT gov doesn’t seem to advertise that stores can be open.

Holidays Act 1958, makes reference to “Good Friday”, “the Saturday following Good Friday” , “the Monday following Good Friday”
How does one know the dates of these shifting events (which are tied to the moon) other than their religious observances, the only thing that determines them is the religious event, and its enforced by the forced payment of higher wages.

You are wrong again, these events do not force you to observe the religious event, they do not make a law creating a religion and they do not make a law that prohibiting a religion.

They make a holiday determined by the moon yes, is that any different from saying that Canberra Day is the 2nd Monday in March, the Queens Bday Holiday the 2nd Monday in June, Family and Community Day, the first Monday in October…. They also do not make me have to observe a religion.

This piece of legislation that you are talking about has nothing to do with Public holidays. FYI NSW legislation is not followed in the ACT and can’t be enforced, so there is no point bringing it up.

Oh I should point out again, you’re a git and you’re wrong.

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9
gungsuperstar 8:02 pm
29 Mar 13
#

Preachers of dogmatic atheism are clearly much more hip and cool than preachers of dogmatic Christianity.

And they aren’t at all hypocritical.

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10
schmeah 8:09 pm
29 Mar 13
#

It’s a 4 day weekend so STFU. And ‘everything closed’ funny, I managed to get a cafe breakfast and buy some groceries.

You want ‘everything closed’ for religious observance, try anywhere in Greece on a Sunday.

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11
Deref 8:16 pm
29 Mar 13
#

Skidbladnir said :

What bulls*** is this?
Have you just discovered a law relating to religion and thought it was good enough to grind your axe against?

Get off my internet and back into your sheltered workshop.

Give that man a cigar.

+1

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12
shortlived 8:43 pm
29 Mar 13
#

buzz819 said :

You are wrong again, these events do not force you to observe the religious event, they do not make a law creating a religion and they do not make a law that prohibiting a religion.

Care to explain these exceptions to liquor licencing times, then?

http://www.austlii.edu.au/au/legis/act/consol_reg/lr2010198/sch2.html

That law actually grants [i]more[/i] access to alcohol on December 24 and the day following, so it’s not a bad law, but why is December 24 singled out for special attention in the first place? Why not have the same access every day of the year?

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13
gooterz 8:43 pm
29 Mar 13
#

buzz819 said :

[
Oh I should point out again, you’re a git and you’re wrong.

Uptight about a religious event?

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14
Instant Mash 8:45 pm
29 Mar 13
#

Call me naive, but is there actually any law to prevent people from opening their business today?

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15
buzz819 9:04 pm
29 Mar 13
#

gooterz said :

buzz819 said :

[
Oh I should point out again, you’re a git and you’re wrong.

Uptight about a religious event?

No, just sick and tired of people who read something they don’t understand and try and apply it to something with some similar words in it….

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