29 March 2013

Good Friday's Unconstitutional laws?

29 March 2013 | Henry

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?

Join the conversation

All Comments

All Comments
Website Comments
Facebook Comments

LatestOldest

neanderthalsis9:17 am 02 Apr 13

Seems silly that we all get a day off yet everything is closed ……

Go away, read what you wrote, realise the stupidity of what you said, apologise profusely, go back to your cubicle farm in the Dept of Whatevs and stop whinging about a day off.

Another damned buffoon that thinks the world exists to serve them

gooterz10:31 pm 01 Apr 13

trevar said :

As Gooterz suggests, Atheists don’t like public holidays and can therefore work four more days each year than the rest of us.

So punish people for being agnostic or Atheist, I see how you value others religious choices?

Brilliant. Let’s make it so all workers have to declare your personal beliefs to their employer just to get a day off work. Can’t see anything wrong with that idea!

It works when your sick, you have to tell work you are sick and that you have been to the doctor. Yet you don’t have to tell them why you are sick.

Its better than the assume everyone follows Easter and Christmas, bad luck if you don’t approach.

trevar9:19 pm 31 Mar 13

While the OP does erroneously equate the declaration of a public holiday with enforcement of a religious observance, s/he does raise another point that I think this country is going to have to grapple with eventually.

As a Christian, I have no objection to being able to participate in the two most important observances of my religion with the luxury of a public holiday, but it seems to me to be an unreasonable luxury to have over other religionists. I see no reason why I should enjoy this luxury while adherents of other religions do not. I see a couple of practical solutions for this, which I think have been discussed on RA before.

Firstly, we could make it a part of employment law that employees declare their religion when they commence with an employer, and since there are currently four holidays associated with the Christian calendar, everyone is entitled to four holidays associated with the religion they identify at the commencement of their employment. As Gooterz suggests, Atheists don’t like public holidays and can therefore work four more days each year than the rest of us.

The other option, as I see it, is that since there are 9 public holidays each year (I believe that although every state has different ones, they all have the same number), we bump this up to 10 and simply allow an additional 10 days annual leave each year for FTE permanent employees, and bump casual rates up commensurately, in lieu of having any public holidays whatsoever.

Either of these options seems a win-win. The eternally contentious celebration/commemoration of the British invasion of our shores would be irrelevant; persons of any religion could participate in observances without let or hindrance; anyone observing a religious observance would not have to panic when they realise they forgot to buy cream; and perhaps most importantly, the carparks of the nice places that we like to go to on our days off would not fill up quite so quickly because we’d be staggering our days off instead of all going at once!

While the obnoxious selfishness of the Atheists and a rather foolish 1+1=11 argument may have been the starting point of this rant, I nonetheless like where it’s headed!

shortlived1:02 pm 31 Mar 13

Ko. said :

I don’t really care why there’s a reason why don’t have to be at work. I’m a staunch atheist and I see it as a day off work, not a religious holiday.

FFS Gooterz, go spend time with your family and enjoy the 4 days off.

The unions probably have had a beneficial part to play in this, too. Those working in retail also have lives and families and a desire to spend well recognised holidays at home with them. As others have said, a bit of time management on your part makes for a slightly fairer society overall, and if you still want to be a partypooper, you can go shopping on the Internet.

Ko.11:05 am 31 Mar 13

I don’t really care why there’s a reason why don’t have to be at work. I’m a staunch atheist and I see it as a day off work, not a religious holiday.

FFS Gooterz, go spend time with your family and enjoy the 4 days off.

buzz8199:25 am 31 Mar 13

gooterz said :

gungsuperstar said :

Deref said :

gungsuperstar said :

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

Do you suppose that religious people feel smarter when they impose their mythologies on people who don’t share them?

Except this has already been disproven by most of the comments here – tell me, in what way are religious people “imposing their mythologies” on anyone at all?

Store trading hours in the ACT are de-regulated, store owners have the right to open their stores whenever they like. If a Christian chooses to close their store to observe Easter, that is THEIR choice – it is not a choice that has been made by government. Just as if a Muslim chooses to open their store, that is also THEIR choice.

If a Muslim opens their store on Good Friday then they also get to choose not to pay penalty rates to staff?
Interesting that stores have to pay a excess to not observe Easter?

Did you get paid for not going into work on Friday? or This coming Monday?

12 public holidays in 2013, In the six months starting from 25/12/12 there are 10 holidays, and in the following 6 months there are 2, for a back to back weekend in October.

I’d say good work to the Muslim for having his own business, but, if you don’t like that fact that you live in a western country, with western holidays that follow the Christian calendar, then can I suggest moving to Iran, or the UAE, or maybe even North Korea?

Sounds like Commy talk to me, how are you going to feel when we get invaded and can’t shave your arm pits any more? How will you feel then? Huh?

Speaking against the government in countries like Iraq, Russia etc, will normally get you locked up for good though…

Comic_and_Gamer_Nerd8:03 am 31 Mar 13

I was more shocked that I could not find a butcher open yesterday. Drive halfway across canberra and ended up at fyshwick markets,

kakosi2:43 am 31 Mar 13

So we live in a majority Christian country, with Christian holidays – wow who would have guessed?

How about being glad you live in a country that has holidays and so far most people aren’t forced to work seven days a week for small wages?

gooterz11:57 pm 30 Mar 13

gungsuperstar said :

Deref said :

gungsuperstar said :

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

Do you suppose that religious people feel smarter when they impose their mythologies on people who don’t share them?

Except this has already been disproven by most of the comments here – tell me, in what way are religious people “imposing their mythologies” on anyone at all?

Store trading hours in the ACT are de-regulated, store owners have the right to open their stores whenever they like. If a Christian chooses to close their store to observe Easter, that is THEIR choice – it is not a choice that has been made by government. Just as if a Muslim chooses to open their store, that is also THEIR choice.

If a Muslim opens their store on Good Friday then they also get to choose not to pay penalty rates to staff?
Interesting that stores have to pay a excess to not observe Easter?

Did you get paid for not going into work on Friday? or This coming Monday?

12 public holidays in 2013, In the six months starting from 25/12/12 there are 10 holidays, and in the following 6 months there are 2, for a back to back weekend in October.

gungsuperstar10:03 pm 30 Mar 13

Deref said :

gungsuperstar said :

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

Do you suppose that religious people feel smarter when they impose their mythologies on people who don’t share them?

Except this has already been disproven by most of the comments here – tell me, in what way are religious people “imposing their mythologies” on anyone at all?

Store trading hours in the ACT are de-regulated, store owners have the right to open their stores whenever they like. If a Christian chooses to close their store to observe Easter, that is THEIR choice – it is not a choice that has been made by government. Just as if a Muslim chooses to open their store, that is also THEIR choice.

Try again nimrod. It’s a pointless post going nowhere. This argument has less than nothing to do with the constitution.

View more conversations

Featured Businesses

Professional Services

RSM

We share skills, insight and resources, as well as a client-centric approach that's based on a deep understanding of your business.

Find out more

Mortgage Brokers

Clarity Home Loans

A passionate team of Canberrans helping other Canberrans secure their home loans. No frills, no commissions, no brainer.

Find out more

Lawyers

BDN Lawyers

BDN has provided legal services to to Canberra, Queanbeyan and the region for over 160 years.

Find out more

Community Clubs

Canberra Southern Cross Club

We're proud to give you a place where friends and family can come together for good food and great entertainment.

Find out more

Electricians

True Connection Electrical

Since 2014, True Connection Electrical have been servicing residential and small commercial clients with reliable, trustworthy and top-quality electrical work.

Find out more