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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?
16
chewy14 9:33 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?

Uptight about being 100% wrong?

Seriously, if you think this is an issue and you’re confident of being right, then challenge it in court.

Peanut.

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17
Comic_and_Gamer_Nerd 10:24 pm
29 Mar 13
#

Can we all agree that it’s a holiday based on fiction. When can we get a holiday based on something good? Like Ned starkes beheading day! Far more exciting than boring old roman run of the mill death fantasy.

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18
Here_and_Now 10:31 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.

Do the government often advertise that stores can be open? If they do, I’ve missed it. Isn’t it usually the stores themselves that do that?

Here_and_Now said :

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.

And that’s a reference that tells you when the day is, it doesn’t validate or invalidate any beliefs behind it. There are plenty of references to religion and such in our day-to-day calendar. I’ve never met an atheist who won’t refer to ‘Thursday’ because Thor’s a god and they don’t believe in him.

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19
Here_and_Now 10:32 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.

Do the government often advertise that stores can be open? If they do, I’ve missed it. Isn’t it usually the stores themselves that do that?

gooterz said :

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.

And that’s a reference that tells you when the day is, it doesn’t validate or invalidate any beliefs behind it. There are plenty of references to religion and such in our day-to-day calendar. I’ve never met an atheist who won’t refer to ‘Thursday’ because Thor’s a god and they don’t believe in him.

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20
Here_and_Now 10:37 pm
29 Mar 13
#

As I think about it some more, surely there’s not a law requiring the shops to be open. In which case, there’d be nothing keeping them open even if the Constitution did suddenly blank out Good Friday. If they decide to shut, they shut.

(Disclaimer: Not a constitutional lawyer or the manager of a retail outlet.)

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21
gooterz 10:39 pm
29 Mar 13
#

chewy14 said :

Uptight about being 100% wrong?
Seriously, if you think this is an issue and you’re confident of being right, then challenge it in court.
Peanut.

I’d prefer to get extra annual leave off per year, than spend a day where I can’t that much if god forbid I need to buy something all the major stores are closed.

I’d rather have a holiday for something like the bushfire anniversary or the 100 year centenary celebration.

Much case law of the us finds that it does establish a religion and does impose religious observance to make good Friday a holiday.

http://caselaw.findlaw.com/us-7th-circuit/1225373.html

It seems odd that Australia has no official religion yet half our holidays are Christian religious events.
Are we trying to be one religion or trying to accommodate many?

I’m not sure why buzz819 can’t read.

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22
2604 11:34 pm
29 Mar 13
#

Instant Mash said :

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

No, retail trading hours in the ACT are totally deregulated. Anyone with a shopping centre or stand-alone store can open it whenever they want, including Good Friday, Christmas Day, and any other religious or other public holiday.

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23
c_c™ 12:38 am
30 Mar 13
#

I can make this very simple for the OP.

The provision of the Constitution prevent the Commonwealth from doing those things the provision specifies.

The provision specifically does not impose any restrictions on the states, who actually make laws over regulation of retail trading hours.

So while I do find the posts debating what can be defined as religious observance very interesting, it doesn’t matter. On the fundamental point of law, the OP has it wrong.

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24
goggles13 7:56 am
30 Mar 13
#

Comic_and_Gamer_Nerd said :

Can we all agree that it’s a holiday based on fiction. When can we get a holiday based on something good? Like Ned starkes beheading day! Far more exciting than boring old roman run of the mill death fantasy.

No I won’t agree with you that easter is based on fiction.

I do however think that having a holiday for the Queen’s birthday is silly. while she is the queen of this country, do many care anymore?

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25
housebound 8:54 am
30 Mar 13
#

Friday could be called a religious holiday (if only it was closer to the Passover event it is meant to represent, and not always on Friday), but Saturday and Monday? Not a lot of theological reasoning behind those.

OP: your slip is showing. You seem to be more upset about one public holiday than an entire calendar with gods’ names sprinkled liberally throughout.

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26
chewy14 9:13 am
30 Mar 13
#

gooterz said :

chewy14 said :

Uptight about being 100% wrong?
Seriously, if you think this is an issue and you’re confident of being right, then challenge it in court.
Peanut.

I’d prefer to get extra annual leave off per year, than spend a day where I can’t that much if god forbid I need to buy something all the major stores are closed.

I’d rather have a holiday for something like the bushfire anniversary or the 100 year centenary celebration.

Much case law of the us finds that it does establish a religion and does impose religious observance to make good Friday a holiday.

http://caselaw.findlaw.com/us-7th-circuit/1225373.html

It seems odd that Australia has no official religion yet half our holidays are Christian religious events.
Are we trying to be one religion or trying to accommodate many?

I’m not sure why buzz819 can’t read.

Firstly, you’ve provided a link from the US which has completely different laws to us.

And secondly dud you even read that link you’ve provided? Notice how they also say that Christmas and Thanksgiving were now seen as secular holidays but Good Friday had never been established in the wider US the same way? The issue in your link was to do with the closing of schools on Good Friday, not with having a public holiday on the same day.

And its funny that every shop was apparently closed yesterday. I could have sworn I went to the movies, had a couple of beers at the pub and then got some takeaway on the way home.

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27
Deref 9:29 am
30 Mar 13
#

Regardless of its recent hijacking by Christians to celebrate the mythological death and resurrection of their particular imaginary friend, Eostre has always been a celebration of fertility and renewal – hence rabbits and eggs. You can pick any religion you like or none – having a holiday to celebrate the (northern hemisphere) coming of spring seems like a fine idea to me.

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28
poetix 10:46 am
30 Mar 13
#

Deref said :

Regardless of its recent hijacking by Christians to celebrate the mythological death and resurrection of their particular imaginary friend, Eostre has always been a celebration of fertility and renewal – hence rabbits and eggs. You can pick any religion you like or none – having a holiday to celebrate the (northern hemisphere) coming of spring seems like a fine idea to me.

The crucifixion and resurrection of course happened in an area with no celebration of ‘Eoster’. The spread of Christian belief gave a totally different meaning to festivals that may have predated it. Now, for some (not the majority, whatever seems to be the case with commenters on RiotACT), it’s just become a celebration of chocolate. (Which you could, at least at one stage, have said had been ‘hijacked’ by Christianity, as chocolate was minding its own business in the Americas around the time of Christ’s life.) There’s nothing saying that an event has to be unambiguously pure in origin to make it significant. That’s a funny notion, ignoring how human institutions work. It says nothing about religion or belief.

OP’s suggestions of having holidays only for purely local events are quite sad. Though if we had had another holiday for Canberra 100, I wouldn’t have minded at all!

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29
gungsuperstar 12:31 pm
30 Mar 13
#

Deref said :

Regardless of its recent hijacking by Christians to celebrate the mythological death and resurrection of their particular imaginary friend, Eostre has always been a celebration of fertility and renewal – hence rabbits and eggs. You can pick any religion you like or none – having a holiday to celebrate the (northern hemisphere) coming of spring seems like a fine idea to me.

Does mocking people who think differently to you make you feel smarter?

It’s just that you seem like an arrogant chump.

I’m not a person of faith myself – but live and let live. As I said above, dogmatic atheism is every bit as annoying as dogmatic Christianity – and it’s even more hypocritical.

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30
Amethyst 1:40 pm
30 Mar 13
#

gooterz said :

I’d rather have a holiday for something like the bushfire anniversary or the 100 year centenary celebration.

You know… I vaguely remember getting some sort of day off… with fireworks. and lots of ‘100’ signs around.

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