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 …"> 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 …"> 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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Good Friday’s Unconstitutional laws?
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kakosi 2:43 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?

gooterz 11:57 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.

gungsuperstar 10:03 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.

Deref 9:18 pm 30 Mar 13

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?

PantsMan 9:04 pm 30 Mar 13

Well, I found the shops were shut and I had to go to Southlands where Islamics and Buddhists were flagrantly disregarding this unconstitutional law that seeks to impose Christianity on them.

Death is too good for them!

Masquara 8:10 pm 30 Mar 13

I reckon Jesus Christ should get the Mully over this post …

Lillypilly 7:17 pm 30 Mar 13

I actually felt pity for Gooterz, how sad it must be that they cannot go one day without commercial support 🙁

I suggest experiencing nature more, it doesn’t take notice of holidays, daylight savings or even regular business hours!

whitelaughter 5:58 pm 30 Mar 13

Pah! What about this weekend foolishness? Sunday is the Christian holy day, Saturday the Jewish holy day – abolish this nonsense!
And bring back slavery, while you’re at it. Given we have a state capital named after a prominent slave trader, Lord Melbourne, we should support his resistance to religious intervention in this completely secular trade.

muscledude_oz 3:53 pm 30 Mar 13

schmeah said :

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.

Everything closed on Good Friday (and Christmas Day) used to cause major drama for a hard core gym addict like me. Thank God for 24 hour gyms and entry by electronic security tag.

AsparagusSyndrome 2:50 pm 30 Mar 13

poetix said :

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!

“God I love chocolate”. Does that make me religious? I’m glad there’s a series of public holidays for Saint Theobromia. You know, we should put this in the constitution.

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.

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.

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!

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.

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.

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.

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?

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.

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.

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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