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 Muslim Council Agrees to Drop Hate-Speech Suit against Aussie Pastors After BF Wins AppealJun 26, 2007 The Islamic Council of Victoria yesterday ended its five-year legal battle against Pastors Daniel Scot and Danny Nalliah by agreeing to drop its suit seeking to punish the pastors for critically comparing Islam and Christianity in a public sermon in 2002.
Far from incendiary, the pastor’s remarks were thoughtful Christian reflections on Islam and are part of the ongoing dialogue between Christians and Muslims. While the pastors made clear that they disagreed with Islamic theology as being incompatible with Christian belief, they stressed that Christians were still called to love and not hate Muslims. Despite this, in 2004 the Victorian Civil and Administrative Tribunal found that the pastors’ preaching violated Victoria’s Racial and Religious Tolerance Act because it “vilified Islam,” was “offensive,” and espoused “unreasonable” interpretations of Christian and Islamic teaching. This decision, however, was vacated upon appeal in December 2006 by the Supreme Court of Victoria which noted that the Tribunal had no business “attempt[ing] to assess the theological propriety of what was asserted at the Seminar.” The court ordered that the Islamic Council pay half of the Pastor's legal fees for the appeal.
“Although it is hard to believe it could happen in a modern democracy, at one time, our clients faced fines and jail time for refusing to publicly recant their religious beliefs,” said Roger Severino Legal Counsel for the Becket Fund of Religious Liberty. In August 2006, the Becket Fund for Religious Liberty, working with a team of Australian lawyers, presented arguments to the Supreme Court defending the pastors’ religious liberty rights under international law. “The Pastors’ commitment to conscience was literally put on trial but they stood firm and won. Now that their victory is final they should be thanked for advancing the cause of religious freedom.”
In the Tribunal’s original ruling, the pastors were ordered to apologize for their sermon on Islam and Christianity, to issue a retraction in a newspaper advertisement, and to never repeat such statements publicly.
“A crucial element of religious freedom has been strengthened by this case; the right to preach your faith without censorship or any other outside intervention,” added Angela C. Wu, International Director for the Becket Fund of Religious Liberty. “There is no religious freedom without the freedom to preach, and in that respect, we’re pleased with the outcome."
“We’re especially pleased that these two pastors, who suffered through years of hardship and uncertainty, are finally in the clear and can continue practicing and teaching their faith as they see fit.”Relevant Cases
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