Exemptions Clauses for Religious Bodies

Movers Stead, M

General Synod—
1. Notes that Australia’s obligations under Article 18 of the International Covenant on Civil and Political Rights to uphold freedom of religion is, in part, acquitted by means of legislative exemption clauses for religious bodies.
2. Notes that these exemption clauses only apply where “an act or practice [conforms] to the doctrines, tenets, beliefs or teachings of that religion” or words to that effect.
3. Notes the 2020 Majority Opinions of the Appellate Tribunal (Wangaratta and Newcastle references) distinguish between “doctrine” in the technical sense in which that word is used in our Constitution (where it is limited to those matters that which are required of necessity to be believed for salvation) and “doctrine” in the broader sense in which it is used in the Church.
4. Recognises that, for the avoidance of doubt, it is expedient to affirm that past statements of the General Synod about the church’s “doctrine” of marriage use the word in this broader sense, and therefore that these statements continue to describe the “doctrines, tenets, beliefs or teachings” of our church.
5. Continues to affirm that marriage according to the rites and ceremonies of the Anglican Church of Australia is the voluntary union of one man and one woman arising from mutual promises of lifelong faithfulness. The doctrines, tenets, beliefs and teachings of our Church are expressed in the authorised liturgies of our church and there is currently no liturgy for the solemnisation of a same-sex marriage.

The Rt Rev’d Dr Michael Stead moving, The Rev’d Natalie Rosner seconding

Resolution year: 2022
Resolution number: 108/18