Australian High Court rules against public school chaplains

[Oldandeasilyconfused]

but a question about whether they should be funded by the federal government was the issue

THAT is unconstitutional. However, S116 of our constitution does NOT apply to the states.

Section 116 says:

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.[1]

Section 116 has four limbs. The first three limbs prohibit the Commonwealth from making certain laws: laws "for establishing any religion"; laws "for imposing any religious observance"; and laws "for prohibiting the free exercise of any religion". The fourth limb proscribes the imposition of religious tests to qualify for any Commonwealth office or public trust.[2] Only the "establishing religion" and "prohibiting free exercise" limbs have been the subject of cases before the High Court.[2][3]

The section sits in Chapter V of the Constitution, which deals with the states of Australia. However, Section 116 does not apply to the states.[3] Each state has its own constitution, and only Tasmania's has a provision similar to Section 116.[4] Commentators attribute the erroneous location of Section 116 to a drafting oversight caused by the weariness of the committee charged with finalising the draft Constitution.[3][5]

http://en.wikipedia.org/wiki/Section_116..._Australia

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How is that a victory for democracy exactly?

Are you being deliberately dense?


Democracy protects the rights of minorities,

IF there is to be a chaplains programme, ALL religions at a school must be represented. No child must be disadvantaged in any way.

Here in Australia there is growing insistence by non believing parents that ethics be taught to their children instead of religion.

The Greek ethicists predate Christianity by about 600 years. In my opinion,doing what one thinks of as right for its own sake is far more moral than doing so for the reward of heaven or fear of hell.