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The US is building protection for religious freedom that Australia still lacks
This month, a United States presidential commission delivered a report recommending measures to strengthen the legal protection of religious belief across American public life.
The commission was established by President Trump to identify threats to religious liberty and recommend ways to uphold this fundamental right.
The final report is a significant development, and a welcome one. The report treats religious freedom as a legal interest serious enough to warrant its own enforcement machinery – guidance, oversight, and a defined process for citizens whose beliefs are penalised.
That premise is the reason the report matters well beyond the United States.
The Commission's recommendations are specific. They ask the Department of Justice to issue guidance on a proper understanding of the Establishment Clause, which creates a separation of church and state. They also asked the DoJ to convene a task force to prioritise religious liberty litigation, and to shield citizens from government-led litigation brought over their beliefs.
They propose reporting portals for students, teachers and healthcare workers, and a rule requiring any official who accuses a subordinate of improper religious expression to justify that accusation in writing, against a named provision of law, within 30 days.
Receiving the report, President Trump said his administration would “closely study” its recommendations.
Whatever becomes of them, the document itself is an important marker: a national government setting out, in detail, what taking religious freedom seriously would require of its own institutions.
Australia has produced nothing comparable, and the reason is structural. The United States guarantees religious freedom through the First Amendment, and can therefore argue about how to ensure that freedom is protected.
Australia can hold no such argument. It has no general statutory protection for freedom of speech, and the single constitutional clause touching religion restrains only the Commonwealth, not the states, where most of the pressure now falls.
That pressure is measurable. The Australian Christian Freedom Index, released in May, found that 92 per cent of the Christians it surveyed believe affirming their beliefs publicly is riskier than it was five years ago, and counted 74 laws passed since 2000 that narrow religious freedom.
A freedom that survives only at the government’s pleasure is not a right at all.
The American report is worth Australian attention precisely because it makes the gap visible.
The United States is debating how to enforce a right its citizens already hold. Australia is still without one to enforce.
Protection that rests on assumption is protection that can be withdrawn without a vote. A report like this one shows how much stronger protections can be.
HRLA will continue to advocate for Australians who are facing hostility for living faithfully or expressing their beliefs openly.
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