Israel Folau Case and Religion

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MayaRefugee

Member
12 July 2019
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What constitutes a religion in the eyes of the law?

If Israel Folau wins what's stopping someone saying anything they like in the future and saying that what they said comes from or is just an espousal of their religion as their defense?

Is their a certification process to have a set of beliefs stamped as a religion?
 

Atticus

Well-Known Member
6 February 2019
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Folau should be an interesting case... Some interesting case law

Held..

Section 116 only protects religious observance from government interference; it does not permit a person to be excused from a legal obligation merely because the obligation conflicts with his or her religious beliefs.

Griffiths CJ held that a law that requires a man to do a thing which has nothing at all to do with religion is not prohibiting him from his free exercise of religion

Source>>> https://lawcasesummaries.com/wp-con...ingles/krygger-v-williams-1912-15-clr-366.pdf

From my understanding, Folau had signed a legally binding contract to NOT to do what he did & the above suggests to me that he will not win...
 

Rod

Lawyer
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27 May 2014
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I tend to agree. His case is more a contractual dispute than a legal argument about freedom of religion.

He took on a contract and received a huge of money to do so, and in return he took on certain obligations. He likely breached one or more of those obligations, and RA certainly believe he did.