Submitted by Graham
From The Sydney Morning Herald
Chaplaincy challenge reveals legal failure
By Prof George Williams, UNSW
May 24, 2011
The national school chaplaincy program will soon come under a new line of attack. Despite the Gillard government's $222 million expansion of the program in the budget, the scheme may yet be struck down as unconstitutional by the High Court, which this month gave the go-ahead for a challenge to be heard in August.
Australia's constitution does not separate church and state. The closest it comes is in section 116, which says the Commonwealth cannot make any law for ''establishing any religion'', ''imposing any religious observance'' or ''prohibiting the free exercise of any religion''.
That section also says ''no religious test shall be required as a qualification for any office or public trust under the Commonwealth''. A Queensland parent, Ron Williams, is relying on this in mounting his challenge. He argues the program is invalid because it sets a religious test for anyone who wishes to be a Commonwealth-funded chaplain.
Full Story: http://www.smh.com.au/opinion/politics/chaplaincy-challenge-reveals-legal-failure-20110523-1f0qe.html
