Whether Religious Speech Is Political Speech Sex Couples
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ARTICLES VOICES IN THE POLITICAL WILDERNESS Women in the Sydney Anglican Diocese MITCHELL LANDRIGAN he Sydney Anglican Diocese neither ordains religious discourse might also be political discourse. It women as parish rectors (priests) nor considers whether church policies preventing women’s consecrates women as bishops. While ordination (or, more precisely, the exceptions in the appointment to these positions allows male clergy NSW anti-discrimination legislation that support the Tto lead a church parish or other church community, Sydney Anglican Diocese’s bans) may constitute an senior clergy may be voices in political discourse — for unwarranted political constraint. example, on topics such as abortion, euthanasia, religious tolerance legislation and marriage of same- Whether religious speech is political speech sex couples. By preventing women from rising to REFERENCES What is the difference between political and religious I. The International Leader of the Salvation positions from which they may contribute to such speech and how (if at all) is it possible to distinguish the Army, the General, may be a man or a political debates, the Sydney Anglican Diocese’s bans two forms of expression such as might be relevant in a woman: see The Salvation Army — About on ordaining women as rectors or consecrating them Us <salvationarmysouth.org/about. political sense to bans on women’s ordination as priests htm#doctrines> at 2 May 2009. See also as bishops may constrain women’s political speech. or their consecration as bishops? This article considers whether NSW anti-discrimination Andrew Eason, Gender and Equality in the As will be seen, it can be difficult to distinguish Early Salvation Army (2003). legislation, which supports the church subordination 2.See Archbishop Dr Peter Jensen, Sydney policies, may infringe the implied freedom of political political and religious speech. That said, political Anglican Synod Presidential Address (2006) discourse that the High Court of Australia has held speech and religious speech may sometimes be easy <sydneyanglicans.net/images/uploads/ to differentiate. For example, political debate about missionthinking/Archbishop_PeterJensen_ exists under the Commonwealth Constitution. Presidential_Address_2006.pdf> government policy on water resource management at 10 August 2009. Many Christian church organisations (such as the involving (say) criticism of the government’s Salvation Army) allow women to be appointed to the 3. Report of the Appellate Tribunal, Reference overinvestment in desalination plants, or corporate on Women Bishops, 26 September 2007, same positions as men and to have the same leadership governance, or the adequacy of essential services 3-4, para 12-13, <anglican.org.au/docs/ status in churches as males. 1 The Sydney Anglican infrastructure is prima facie unlikely to amount to ATWomenBishop270907.pdf> at 10 Diocese does not allow women to be ordained as religious speech. Conversely, while bible readings in August 2009. For analysis of the Tribunal’s decision, see Muriel Porter, ‘Women in priests or consecrated as bishops, spoken of in the churches and prayers are forms of religious expression, Purple - Women Bishops in Australia’ Sydney Anglican Diocese as positions of ‘eldership’.2 Its these are unlikely to amount to political speech. (2008) Voices, Quarterly Essays on Religion church policies exist in spite of an Australian Anglican in Australia. Appellate Tribunal ruling3 allowing consecration of Yet, the lines between political and religious discourse 4. See Linda Morris, ‘Mum of twins women bishops, and the Anglican Church in the Perth4 can be blurry. For example, when Pope Gregory VII becomes first female bishop’ Sydney Morning Herald (Sydney), 12-13 April 2008, 3. and Melbourne5 dioceses having ordained women as excommunicated King Henry IV (a decision which purported to strip the King of his crown and to assert 5. Canon Barbara Darling was appointed an priests and consecrated women as bishops. assistant Bishop of the Anglican Diocese While women in the Sydney Anglican Diocese may be the Church’s authority over the emperor) and King of Melbourne in April 2008: see Jane Henry IV spent three days standing barefoot in a Still, ‘First woman bishop appointed in appointed deacons, this is considered a subordinate hairshirt at the gates of Canossa pleading for the pope’s Victoria’ (Press Release, 25 April 2008) order not opening the way to be the rector (priest) of <melbourne.anglican.com.au/main. a parish. As women in the Sydney Anglican Diocese absolution, were King Henry IV’s pleadings political or php?news_id= I 1328&pg=news> are unable to be ordained as priests or consecrated religious expression?8 at 17 October 2008. In general terms, political speech tends to be less 6. Archdeacon Narelle Jarrett and as bishops, they are not recognised in any meaningful Archdeacon Margaret Rodgers cited in sense as church leaders or church spokespersons constrained by theological absolutes than religious Natasha Percy, Sydney Affirms Womens (except, perhaps, to enunciate the Diocese’s policies speech. Political speech is also less likely than religious Ministry (2008) Sydney Anglican Network speech — particularly religious speech of the <sydneyanglicans.net/sydneystories/ on women not being ordained or consecrated6). sydney_affirms_womens_ministry/> This article considers whether the church bans limit evangelising or proselytising kind — to challenge a at 18 October 2008. women’s freedom of political speech. person’s spiritual beliefs. What is more, while political While the church’s opposition to appointing women speech points to, or assumes, human actions (including as elders rests on (dubious) theological principles, the via human instrumentalities), religious speech more Sydney Anglican Diocese’s anti-ordination policies are often focuses on, or assumes the existence of, beings, supported by exceptions in the Anti-Discrimination Act forces, powers or other things that are beyond human 1977 (NSW) (‘NSW anti-discrimination legislation’) power: supernatural power. In Christian evangelical relating to the ‘ordination or appointment of discourse, that supernatural power— God and more specifically the Word of God — has authority.9 priests’.7 Using the Sydney Anglican bans on women’s ordination to the priesthood or consecration as In endeavouring to distinguish religious and political a reference point, the article explores whether speech, we may note that the poll's (from which the AltLJ Vol 34:3 2009— 177 ARTICLES word politics is derived) is the city. Political speech may Holy orders, women and subordination thus be considered the speech of ordinary members The Sydney Anglican Diocese’s policies against of the populace; it is what citizens talk about. The ordaining women as priests or consecrating them as polis being a public place (and not private), it might bishops represent a belief held by those capable of also be said that political discourse is not restricted to influence in the Sydney Anglican Diocese that women particular topics, or even to specific persons or classes are subordinate to men. of persons;10 it is the kind of expression that anyone can be involved in, any place. Some bible passages suggest that any subordination However, it would be simplistic to suggest that political of women to men applies to marriage (‘Wives discourse always involves open, fair debate. Some kinds submit to your husbands, as is fitting in the Lord’: of political speech (say nationalistic hate speech by a Col 3:18). These biblical teachings about submission politician) can be divisive, even exclusionary. Political within marriage do not deal with the ‘ordering’ of speech may marginalise and alienate people; it may be more general woman-man relationships, including as dominated by a particular, prevailing social (or religious) between: spinsters and men; widows and men; and view — one which may exclude particular beliefs or women divorcees and men. Moreover, absent such reflect a socio-political bias. The dominantly held view ordering outside of marriage, there could be no a may permit its critics little or no voice. Further, political priori theological reason to, say, object to an unmarried discourse, in the sense of referring to expression deaconess leading a mixed sex congregation. about party political machinations (say a convention Those who assert a more general subordination of 7. Section 56 of the Anti-Discrimination Act of Conservative voters) may be confined to particular women with respect to men, including in relation 1911 (NSW) provides that ‘Nothing in this Act affects: (a) the ordination or appointment ‘welcomed’ participants but not to ‘outsiders’. to ordination and consecration decisions, point to of priests, ministers of religion or members Even if political speech does occur in the polis, other more general theological principles to support their of any religious order, (b) the training or position. Described as ‘functional subordination’ 12 — education of persons seeking ordination or kinds of expression, such as religious speech, also occur appointment as priests, ministers of religion in the polis. For example, religious leaders may (and do) a notion purportedly underpinned by the relationship or members of a religious order, (c) the direct their speech, including about religious matters, to of the members of the Trinity and the biblical creation appointment of any other person in any account13 — the Sydney Anglican Diocese Doctrine capacity by a body established to propagate