Separation of Church and State?

In America, the separation of Church and State was made law by the Establishment Clause of the US Constitution.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This is why they don't have prayer in State schools and why they don't have prayer in Congress or the Senate. In Australia, we also have an Establishment clause in our Constitution that separates Church and State:

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.

The problem is that in Australia the law hasn't been enforced. So we have not merely prayer, but enforced scripture periods in State schools, and compulsory Christian prayer in Parliament. As well as highly questionable activities like donations of hundreds of millions of  dollars from the Federal government to the Catholic Church, but to no other non-profit organisation.

It would be interesting to see the Secular Party challenge breaches of this part of the Australian Consititution in court.

 

Of course, its also a shame that Australia doesn't have freedom of speech and of the press, the right to assemble and the right to bring grievances to the government also protected by our constitution. Amnesty International and GetUp have started an online campaign to inform the Federal Government that we'd like our human rights protected. Given their record on the only right we have, it may not make much difference.