"Black Friday's" Determination of Judge Michael Higgins ImpartialWritten by Jacob Prasch
Congratulations for your impartiality in dealing with "Black Friday's" determination of Judge Michael Higgins - Victoria's Civil and Administrative Tribunal. Now may the public debate begin in earnest - without fear or favour!
Thankfully what the Federal Treasurer has called a "bad law", cited and agreed to by Amir Butler, executive director of the Australian Muslim Public Affairs Committee (The Age, June 4, 2004 - Why I've changed my mind on vilification laws) is so far entrenched only in Victoria. Please God, let it spread no further. Freedom of speech Vis a Vis religious abuse is a matter of major concern as the two articles that you published show.
But there is a more fundamental question. Is the Act that was adopted by the Victorian State Government lawful in the light of our Australian Constitution?
If it is not then the Act and last Friday's judgment MUST be set aside. If this does not happen our democracy is doomed. The following sections of our constitution appear pertinent. There may be other parts. As a citizen of this free Australia I plan to make myself familiar with the governmental basis of our freedom. I commend that action to everyone. Don't leave it to the so-called experts. "
116. 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.
109. When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. "
In the Preamble to the Constitution, Australia calls on the help of our Christian God, something that every practicing Christian should now do with urgency and in earnest.
Reverand Philip Powell
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