ABSTRACT
This chapter examines the meaning of the term 'religion' in the legal context – an important first step in understanding the State–religion relationship. It investigates different models of State–religion relationship, including a discussion of secularism, before applying these models to Australia. The chapter explores the important issue of freedom of religion, its foundations in Australia and the limits that the law may place on that freedom. The Courts have adopted three types of definitions of religion: functional, substantive and analogical. It is important to note that the models of State and religion interaction should be seen as part of a continuum. In theocracies and erastianism the State and religion are in effect fused while in States with established religions the State singles out a particular religion or sect for special treatment and support. While pluralism models also support secular worldviews, their inclusion is more explicit in neutrality models. Most human rights instruments protect the freedom of belief absolutely.
