ABSTRACT
This chapter examines the history of references to religion along with the interpretation of Section 116 by Australia's High Court. When discussing the relationship between the State and religion in Australia reference will almost inevitably be made to Section 116 of the Australian Constitution, most commonly to support an assertion that Australia is a secular State. While in some ways Federation had a profound impact on the relationship between the State and religion it can also be argued that in practical terms the impact on the relationship was minimal. There are only a handful of High Court cases which directly address the meaning of Section 116. There are also a number of Federal Court, Family Court and State Supreme Court decisions which consider Section 116 to various degrees as well as a small number of High Court cases which are either unreported or where the comments relating to Section 116 are in obiter.
