Equality 1

RELIGIOUS FREEDOM AND SEXUAL EQUALITY

By (Name)

Course

Professor

University

City And State

Date
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Religious Freedom and Sexual Equality

1.0 Introduction

Women are close to half of the human population and yet the issue of gender equality in
terms of religion and is never in favor to them. It is astonishing and absurd that while human
rights instruments claim that everyone is equal the attainment of the fundamental right is still
hampered by backward archaic beliefs. Article 9 of the United Nations Declaration of Human
Rights affirms that everyone has the right to practice whatever religion they choose. This issue is
currently of importance to the Prime Minister and the cabinet because religious beliefs and
cultural traditions in Australia operate as a barrier to gender equality. For centuries, religious
leaders have used violence against women as a justification for their actions. Gender inequality is
exacerbated by a lack of religious liberty in Australia. A lack of understanding of religious
freedom in Australia has resulted in a lack of respect for the minority rights of women and girls.
in this paper we are going to explore the different issues such as struggle for equality within
religion, in light of the recent national debate on the Religious Discrimination Bills in Australia.

2.0 The Right to Freedom of Religion Within Australia

Human beings have a fundamental right to freedom of thought, conscience and religion
as stated in Article 9 of the Convention, which guarantees this right to every person. Every other
international instrument that addresses this right does the same thing (Andrews 2022). Article 9
of the Constitution gives the Supreme Court broad authority to preserve social harmony by
preventing religious discrimination and safeguarding religious communities' right to self-
determination. Substantive rights to religious freedom, as opposed to nondiscrimination rights,
may be included as an institutional right without causing any problems. Women have historically
been marginalized and oppressed as a result of religious patriarchy, especially in hierarchical and
institutionalized traditions.

The liberal idea of public/private separation and the legal interpretation of Article 9 have
resulted in a state policy of non-interference in religious issues, essentially denying women's
Article 9 rights to religion (Kingsley 2019). Because of this, although though it is referred
regarded as an individual right, the Court has concluded that a church or other religious entity
may use its rights under Article 9 of the Convention on behalf of those who belong to that group
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or faith. The concept that an individual's religious life is dependent on the health of the religious
community they belong to is the basis for the inclusion of a religion in Article 9 of the United
Nations Charter. The Court should not be given the authority to slash down the prejudice against
minorities.

3.0 Status of Women Within Religion

Male-dominated patriarchal organizations, such as churches, persist in their treatment of

women as second-class citizens. Most major faiths, including Christianity, Islam, Hinduism, and
Judaism, exclude women from leadership roles. It's heartening to see more Christian
denominations accepting the concept of women serving as ordained clergy. Despite the fact that
certain faiths are beginning to exhibit development and acceptance of real gender equality,
progress is still gradual. Gender inequality and the marginalization of women persist even when
faiths allow women to serve as clergy (Langenberg 2021). Additionally, women are not being
chosen to serve in big, rising, or high-profile congregations. As we dive further into the power
system, this kind of prejudice becomes more entrenched.

Religious traditions that exclude women from serving as official translators of their holy
texts or as a go-between with the devout are few and far between, even among major faiths. Until
recently, women were not allowed to learn about Islam and Judaism's sacred writings. Unless
religious texts are interpreted by males, women are unable to contribute to the creation of
gender-equality interpretations. There has never been a female Grand Sheik of Al-Azhar, no
female mufti, and no female ayatollah in the history of Al-Azhar. It is because of this, men's
comments on behalf of Islam lack the institutional credibility and prominent designations that
women lack. The majority of faiths now hold this view. Men are the only ones who can connect
with and represent God in this world, according to the majority of religious traditions. Several
Christian churches, Orthodox Judaism, and most branches of Islam prohibit women from serving
as ministers of religion. There are just a few instances of female priests in faiths where they are
authorized, and they are confined to certain denominations. Some faiths have even gone so far as
to revoke their previous stance of permitting women ministers (Mitchell 2006). There has to be
an equitable treatment of women and men inside religious organizations so that peace, solidarity,
and love may be fostered in the community.

4.0 Struggle For Gender Equality Within Religion

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Gender equality has been a struggle for both men and women, both inside and outside of
religion. They've received a mixed response from religious leaders, who are often averse to
reform. The majority of Muslim clerics are still hesitant to participate in the process of achieving
gender equality (Stoker 2018). Although the more Orthodox branches of Judaism are more open
to the idea of gender equality, they are resistant to it. As a case study, one might point to the
Roman Catholic Church's unwillingness to promote gender equality.

Every society undergoes a socialization process in which members learn and internalize a
complicated system of laws and religious "understandings." It's common for religious institutions
to foster blind loyalty to their faith and norms. To what degree is it possible to challenge the
unquestioned, i.e. the supremacy of men in religion and God being created in the image of man,
if one is taught that there is only one 'correct' reading of the Scriptures? A religious "norm," as
McClain puts it, can only be voluntarily accepted if the believers have been socialized to accept
it and there is little practical alternative. There must be at least two genuine theological
interpretations for a meaningful choice to exist, right? As the group Women Under Muslim Laws
argues, women will only be able to effectively challenge the body of laws and gender constructs
imposed on them if they begin to assume the right to define for themselves the parameters of
their own identity and stop accepting unconditionally what is presented as the "correct" religion.
Not all women in a religion must share these sentiments or embrace the same beliefs, though
(Stoker 2018). It simply means that each man and women should be entitled to select what they
believe in and not interfere with the religious liberties of others.

Any devout woman, like every male, should be able to choose whether or not she wants
to serve as a Minister of the faith or influence the substance of her religion. Rather than a mass of
adherents with a single set of beliefs, religions have a variety of beliefs and practices. Those who
consider themselves as ‘religious are a group of people who hold a variety of different beliefs.
The meaning of "belonging to that religion" varies from person to person; human beliefs and
rights are uniquely distinctive. Law's present approach to the right to freedom of religion in this
scenario is severely problematic.

5.0 Practical Effect of the Current Legal Approach to the Right to Freedom of Religion

Women are forced to pick between their religion and their community or their equality
because of the severe 'take it or leave it' decision when it comes to religious participation. Rather
 Equality 5

than a single badge of identification, people own a plethora of them, all of which contribute to
the richness of their lives. When it comes to equality, many women choose to remain inside their
religious communities rather than leave in search of it. Australia has a duty to uphold and protect
women's rights in this way (Stuart 2010). Those that are religious do not want to harm their
religious organization, and in fact, they will defend it when it is criticized by others. They want
to be able to make full use of their skills in order to develop and improve their religious beliefs
and practices. In their current disempowered status, they cannot properly do this.

Currently, women do not have a right to religious freedom due to the widespread judicial
trend, which includes the European Court as well as most domestic jurisdictions, to exclude
religious matters from judicial review (Stuart 2010). This practice impedes progress toward
gender equality. This tacitly allows religions to continue to discriminate against women and deny
their female adherents an equal voice in establishing the identity, substance, and structure of that
religion. Non-interference with religion by liberals is not neutral; it just permits the power
balance inside religion to stay substantially biased towards masculine supremacy.

6.0 The 'Liberal' Stance of Legal Neutrality Towards Religion

Liberals also believe that a wide range of viewpoints is essential to society's long-term
progress. Giving religions intrinsic autonomy is premised on ensuring that society has a diverse
range of views and, as a result, freedom. Many academics, such as Galston, advocate a policy of
maximal possible religious tolerance. They explicitly argue that the continuation of patriarchal
gender relations is necessary to maximize liberty. Human rights, especially gender equality, have
been argued to limit freedom in academic writings (Sullivan 2018)s. Despite the fact that liberty
is offered as the ideal goal for society as a whole, it is noteworthy to note that liberty in this
context implicitly belongs to men. This point of view acknowledges that the opinions of women,
who make up half of the human population, may be disregarded or even repressed.

The defense of legally sanctioned male believer privilege is largely behind the promotion
of 'liberty' against accusations of gender equality. Non-interference and utmost possible
accommodation, according to this thinking, do not really limit the spread of ideas and the growth
of religion. Those who publicly disagree with the group's historic ideas will be legally exiled
under the liberty vs equality paradigm. It effectively grants religious leaders the sole power to
determine the beliefs and viewpoints of their religion and to keep those who disagree silent or
 Equality 6

excluded. States and judicial authorities hand up control of a religion's creeds and internal
workings to religious leaders when they buy into the idea of "an organized religious community
founded on identical or at least substantially similar views". As a result, this authority is given to
religious officials with little regard for whether they consult with their followers or reflect their
opinions. Religious leaders utilize state authority to impose patriarchal and hierarchical standards
on the community's female members at the cost of their fundamental right to equality.

7.0 Recommendations

 As part of public education efforts, the government should assess the significance of
freedom of religion and belief and the present safeguards for religious freedom under
Australian law and international law.
 An advisory body comprised of representatives and leaders from many faiths should be
established by the government to provide advice on matters of religious freedom and
belief, as well as policy and legal change in this area.
 A new law against discrimination based on religion or belief should be developed by the
Australian Government after conducting study and consultation with the community.
 To ensure that civil and political rights are fully implemented, the Australian government
should pass comprehensive federal law.
 The present system of religious exemptions to anti-discrimination legislation, including a
general limits clause, should be examined by the Government, and any suggested
modifications should be in accordance with Australia's international commitments.

8.0 Conclusion

Freedom of mind, conscience and belief is guaranteed under Article 9 of the Convention.
It is evident, however, that women do not have the same rights to religion as males at this point
in time. One of the most crucial characteristics of a really human existence is the ability to
pursue an understanding of life's ultimate purpose in one's own unique manner. To accept this as
fact, we must fight tirelessly to ensure women's rights are protected and respected. In practice,
patriarchal religious doctrines and power structures deny women the same right to religion as
males, despite the fact that women make up the majority of religious adherents. Religious
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institutions, creeds, and behaviors all promote equality for men and women, despite this
universally held conviction. Unfortunately, women in religion lack the authority and influence to
affect change toward gender equality in their own faith.
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Reference list

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Darling-Hammond, L 2010, The flat world and education: how America’s commitment to equity
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Hillier, L & Harrison, L 2007, ‘Building Realities Less Limited Than Their Own: Young People
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Kezelman, C & Stavropoulos, P 2017, Talking About Trauma - Guide to Everyday

Conversations for the General Public, Blue Knot Foundation.

Kingsley, A 2019, Religious Freedom Bills | Australian Human Rights Commission,

humanrights.gov.au.

Langenberg, AP 2021, The Buddha Didn’t Teach Consent, Tricycle: The Buddhist Review,
viewed 20 April 2022, <https://tricycle.org/trikedaily/buddhist-sexual-ethics/>.

Mitchell, C 2006, ‘The Religious Content of Ethnic Identities’, Sociology, vol. 40, no. 6, pp.
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Stiebert, J 2020, Sexual Misconduct and Buddhism – Centering Survivors, The Shiloh Project,
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centering-survivors/>.

Stoker, A 2018, Religious freedom is an equal right to freedom of sexuality, Australian Financial
Review, viewed 20 April 2022, <https://www.afr.com/opinion/religious-freedom-is-an-equal-
right-to-freedom-of-sexuality-20181218-h198pu>.

Stuart, A 2010, ‘Freedom of Religion and Gender Equality: Inclusive or Exclusive?’, Human
Rights Law Review, vol. 10, no. 3, pp. 429–459.
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Sullivan, W 2018, ‘Winnifred Fallers Sullivan, The Impossibility of Religious Freedom 286 pp.,
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