Pathways for conscience protection in law: German, American and Australian perspectives

Abstract

This thesis considers various interactions between law, conscience, and religion in three countries: Germany, the United States, and Australia. Looking in detail at recent controversies, including those over headscarves and crucifixes, and sometimes exploring philosophical and theological themes, this thesis makes comparisons across these countries based on case law, existing legislation, and constitutional provisions, as well as proposed legislative reform. The thesis also considers debates that occur inside religious traditions and reflects upon how such discussions impact the well-established sincerity test, which prohibits courts from taking positions on theological questions. Understanding a foreign solution to a familiar problem often leads to a more precise grasp of one’s own law. This thesis applies this axiom to inform debate in the future work of Australian federal and state Parliaments as they attempt to protect freedom of conscience and religion in a complex social milieu.