Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
The separation of church and state is a philosophic and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson. The concept was promoted by Enlightenment philosophers such as John Locke.
A state religion is a religion or creed officially endorsed by a sovereign state. A state with an official religion, while not secular, is not necessarily a theocracy. State religions are official or government-sanctioned establishments of a religion, but the state does not need to be under the control of the religion nor is the state-sanctioned religion necessarily under the control of the state.
"Separation of church and state" is paraphrased from Thomas Jefferson and used by others in expressing an understanding of the intent and function of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Most state constitutions already had such provisions, and thirty-eight of the fifty states have clauses that prohibit taxpayer funding of religious entities in their state constitutions.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to state law. Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, and many states continued to grant certain religious denominations legislative or effective privileges.
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed.
The No Religious Test Clause of the United States Constitution is a clause within Article VI, Clause 3: "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." It immediately follows a clause requiring all federal and state office holders to take an oath or affirmation to support the Constitution. This clause contains the only explicit reference to religion in the original seven articles of the U.S. Constitution.
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Adelaide Co of Jehovah's Witnesses Inc v Commonwealth was a court case decided in the High Court of Australia on 14 June 1943.
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the defence of Australia and the control of the defence forces. The High Court has adopted a different approach to the interpretation of the defence power, which emphasises the purpose of the legislation, primarily the defence of Australia, rather than the subject matter.
The Council for Defence of Government Schools was an Australian political lobby group and political party formed in 1966, which contested federal and state elections between 1969 and 1973. The group was primarily concerned with public education but also focused on pensions and housing policy. The group was founded by activists opposed to state aid for private schools, and although it achieved some significant results it never elected a representative to an Australian legislature.
Section 116 of the Constitution of Australia precludes the Commonwealth of Australia from making laws for establishing any religion, imposing any religious observance, or prohibiting the free exercise of any religion. Section 116 also provides that no religious test shall be required as a qualification for any office or public trust under the Commonwealth. The product of a compromise in the pre-Federation constitutional conventions, Section 116 is based on similar provisions in the United States Constitution. However, Section 116 is more narrowly drafted than its US counterpart, and does not preclude the states of Australia from making such laws.
Attorney-General (Vic); Ex rel Dale v Commonwealth, commonly known as the "First Pharmaceutical Benefits case", was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under section 81 of the Constitution of Australia, to take and spend money by legislation, in this case to fund reduced prices for prescription medicines.
The Constitution of Australia prevents the Commonwealth from establishing any religion or requiring a religious test for any office:—
Section 24 of the Constitution of Australia is titled "Constitution of House of Representatives". It provides that the House of Representatives be "directly chosen by the people of the Commonwealth" and have twice as many seats as the Senate. It also provides a formula for the number of seats in each state, subject to later amendment by the parliament, and guarantees at least five members for each original state.
The Goulburn School Strike was a protest action in July 1962 in Goulburn, New South Wales, Australia.
Freedom of religion in Australia is allowed in practice and protected to varying degrees through the constitution and legislation at the Federal, state and territory level. Australia is a secular country with legislated separation of church and state and with no state religion. The nation has over 13.5 million people who identify as religious and 7.1 million who identify as irreligious.
The status of religious freedom in Oceania varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The Constitution Alteration Bill 1988, was an unsuccessful proposal to alter the Australian Constitution to enshrine various civil rights, namely freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property. It was put to voters for approval in a referendum held on 3 September 1988.
