Opponents of a proposed law that would limit religious comment are celebrating today following Premier Bob Carr's decision not to support the introduction of the legislation.
Anglican Bishop of South Sydney, Robert Forsyth, has welcomed the decision as a triumph of common sense that should be welcomed by all people who love freedom.
"I believe that we should be a tolerant society in which people speak with courtesy and respect," Bishop Forsyth says.
"However it is not the job of the law to try to enforce such practice, especially when the suppression of free speech is the consequence," he says.
Independent MP, Mr Peter Breen, has been planning to introduce an amendment to the NSW Anti-Discrimination (Racial Vilification) Act 1989, which would outlaw religious vilification.
But Chairman of the Sydney Diocese' Social Issue Executive, Andrew Cameron says its rejection is the right move.
"You’ve got the problem that its a complex act already and this is a complex amendment," Mr Cameron explains.
"It seems to be that it will be hard to interpret and hard to use because it’s hard to define religion, it’s hard to define vilification. And it's hard to expect legal officers to make this law work well."
Prominent lobbyist against the bill, the Rev Chris Moroney, is also cautiously welcoming the decision.
"I’m very encouraged [the Premier] does not want to support the bill but we’re still vigilant," says Mr Moroney.
"There still exists a movement to stifle open discussion of Christian issues and religious matters," he says.
Premier Carr announced yesterday that the state government would not be supporting the amendment to the bill because practice has shown such legislation is open to abuse.
"Religious vilification laws are problematic because they undermine the very freedom they seek to protect " freedom of thought, conscience and belief," he says.
"Overseas experience has seen the laws have been used and abused, protecting or offering to cover those it was not intended."
Similar religious vilification laws introduced in Victoria have been used to convict to two pastors from the Catch the Fire Christian group for disparaging comments made about Muslims.
Lobby groups opposed to the law say the scope of the Victorian legislation is disturbing, with the judge finding some of the comments made by the pastors qualified as vilification, even though they were direct quotes from sacred Islamic texts.
The legislation is also being used by a self-described "witch' and convicted sex offender to attack the Salvation Army for its use of the Alpha course in state prisons.
Mr Cameron says Victoria's current dilemma would be a worse case scenario for New South Wales.
"The way two disputing parties are asking a third party to arbitrate for them is really sad," he says.
"We’re looking at a society being de-skilled in handling disagreements. Rather than people working out their differences by courteous debate we have to pull in a third party to sort things out for us."
Premier Carr has told the NSW parliament that current laws provide sufficient protection for ethnic-religious groups.
"[That legislation] protects ethnic groups from out and out vilification that seeks to stir up racism. Ethno-religious groups are included in the definition of race for these purposes."
The state governments in South Australia and Western Australia have also abandoned plans to introduce similar religious vilification laws.
South Australian Attorney General Michael Atkinson has concluded the community is not in favour of this style of protection.
"It is clear that most people intended to benefit from the new law not only do not want it but are ardently opposed to it," he says. "It is therefore not appropriate to proceed with legislation.
Mr Breen, the independent proposing the changes to NSW's laws, was unavailable to comment on Premier Carr's rejection of the legislation, or the future of his amendment.
