![\"\"](\"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-content\/uploads\/sites\/37\/2020\/03\/kirby.png\")
<\/a><\/p>\n(photo of principal Juliette McMurray, The Hon.Michael Kirby AC CMG and past principal Ros Moxham)<\/p>\n
SENTINELS OF SECULARISM<\/p>\n
<\/p>\n
The Hon. Michael Kirby AC CMG*<\/p>\n
Fort Street High School, 1955<\/p>\n
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RESPECTS AND PRAISE<\/p>\n
It is always a privilege for an alumnus of a famous school to return to events that remind the erstwhile pupil of the wonderful early days of family, teachers, learning, and fellow students.<\/p>\n
I offer respects for the Indigenous people of Australia.\u00a0 They were not represented in any way in my school days.\u00a0 I know that, in recent times, there have been Aboriginal Fortians.\u00a0 We must ensure that the neglect and wrongs of the past are reversed.\u00a0 The road to Aboriginal equality requires the provision of the best educational \u00a0opportunities. \u00a0Including in school days.\u00a0 Including at Fort Street High School.<\/p>\n
I congratulate the students whose prizes and awards are acknowledged on this occasion.\u00a0 I also congratulate others who did not win prizes but tried their best.\u00a0 That is all that can be expected of any of us.<\/p>\n
I honour the teachers of this School, past and present.\u00a0 In my day they were outstanding; as they are today.\u00a0 Next to family members, teachers are generally owed the greatest debt for one\u2019s preparation for life.<\/p>\n
I also thank the parents and other family members who are present today.\u00a0 This day was my father\u2019s birthday.\u00a0 He was born in 1916.\u00a0 He died at age 95 in 2011.\u00a0 He came with me, and later with my brother David Kirby, during our school days to events at the school. David was himself to become a Judge of the Supreme Court of New South Wales.\u00a0 He regularly presided in murder trials.\u00a0 That is a very difficult and responsible task.\u00a0 In comparison, my office as a Justice of the High Court of Australia, was easier because it involved re-examining cases that had already been handled by very clever people.\u00a0 Let us express our thanks to our parents and families, and also our teachers, for the love and support they have given us.<\/p>\n
I particularly congratulate those who bring music into the lives of the students at this School.\u00a0 In my school days I sometimes came to this Town Hall for \u201cyouth concerts\u201d, with professional orchestras and soloists.\u00a0 I doubt that any of them had more accomplished musical performances than we have witnessed today.\u00a0 I particularly cherished the singing by the Chamber Choir of the religious anthem Come Sweet Death by J.S. Bach.\u00a0 The modern arrangement by Rhonda Sandberg was a reflection of the special features of this School.\u00a0 Within the discipline of Bach\u2019s composition, the new arrangement allowed free falling voice parts that permitted each singer to express their personal musical sense.\u00a0 This is a special feature of our School.\u00a0 Discipline; but within creative freedom.\u00a0 Studies of the common links of Nobel prize winners show that the greatest creativity comes not from a logical continuity.\u00a0 It comes to those who think (and sometimes sing) outside the square.[1]<\/p>\n
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CHANGE AND CONTINUITY<\/p>\n
There are many changes evident at this Ceremony:<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 The shift from the separated Boys\u2019 and Girls\u2019 schools into the amalgamated school of today is the most obvious change.\u00a0 With that change came an expansion in the size of the School, together with new buildings and facilities as a consequence;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 In my time, Speech Day was held in the School Memorial Hall.\u00a0 With the expanded numbers this was no longer possible; so that we now celebrate in this Town Hall.\u00a0 It is old.\u00a0 But Fort Street School is older still;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 The ethnic composition of the School has radically changed.\u00a0 In my day, in a school of 500 boys, there were only 9 pupils who were Asian Australians.\u00a0 Now more than half the School are not Caucasian.\u00a0 In those days, \u201cWhite Australia\u201d made multiculturalism impossible.\u00a0 However, one of the 9 boys was John Yu.\u00a0 He later became a Professor of Paediatrics; Chancellor of the University of New South Wales; and Australian of the Year; and<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 Scripture, as the dedicated weekly period was called, attracted almost all of the students at the School, although it was not compulsory.\u00a0 In those times nearly half the school, on Thursday mornings, attended the Anglican class in the Memorial Hall.\u00a0 Church of England was the biggest religion in Australia. It comprised more that 40% of the population.\u00a0 Now things are different.<\/p>\n
Despite all these changes, two particular features of Fort Street remain steadily the same:<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 The School was then, and still is \u2018selective\u2019.\u00a0 It boasted, as it still does, top results in academic outcomes.\u00a0 In my day as now, the results in the final exams were generally amongst the top 10 or so schools in the State of New South Wales.\u00a0 It is still so;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 The School is, and always was, a public school.\u00a0 It was part of the great experiment of school education that was initiated in Australia in the mid-19th Century.\u00a0 Its requirements were described in the Public Instruction Act 1880 (NSW), precursor to today\u2019s legislation.[2]\u00a0 It was to provide education for all children from all classes of the population.\u00a0 That education was to be free; compulsory to a specified age; and secular.\u00a0 The commitment to \u201csecular instruction\u201d could allow \u201cgeneral religious teaching\u201d related to the history of England and Australia.\u00a0 But as a public school it was forbidden from teaching what Parliament called \u201cdogmatical or polemical theology\u201d.\u00a0 Even the single hour set aside for religious instruction was excluded \u201cif the parents or guardians of such pupils object to such religious instruction being given\u201d. [3]\u00a0\u00a0 These were very deep concerns and indelible features of public education in Australia from the start.\u00a0 They still leave their imprint on our public schools and on our nation.<\/p>\n
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GOVERNOR BOURKE AND NATIONAL SCHOOLS<\/p>\n
My biggest academic achievement at Fort Street was coming top of the State in Modern History in the Leaving exams of 1955. At the time, I was very proud of this, and the School was well pleased.\u00a0 However, just 4 years ago a pupil of Fort Street, Janek Drevikovsky, was placed first in the State in five subjects, putting my accomplishment in the shade.<\/p>\n
Still, I always loved history.\u00a0 My remaining words will be about that topic.<\/p>\n
Reflecting on the origins of public education in Australia, I resorted to the history of Fort Street High School written by my teacher of German, himself a Fortian, Ronald Horan.[4]\u00a0 Although the school was established in 1849 by Governor FitzRoy, its creation was really the brainchild of Governor Bourke.[5] \u00a0Sir Richard Bourke derived for Ireland, where he had seen the bitter sectarian and denominational conflicts in education between Catholics and Protestants.\u00a0 He was liberal in most things, including the emancipation of the former convicts, the establishment of jury trial and the limitation on excessive punishments.\u00a0 However, most of all he took on the opposition of the churches to the notion of establishing public education for all children in the colony.<\/p>\n
Shortly before he set out for Sydney, in 1831, a National Board of Education had been established in Ireland to provide for non-denominational schools supported by public funding.\u00a0 This ideas was greeted with great enthusiasm in Ireland.\u00a0 However, it later attracted opposition from the churches.\u00a0 They saw it as an interference with their prerogatives.\u00a0 The idea of religious schools eventually faded away in Ireland until revived in very recent times.\u00a0 In Australia too, the churches (which had enjoyed a monopoly in education until the 1830s) tried to kill off Bourke\u2019s scheme.<\/p>\n
Ultimately Governor Bourke\u2019s dream was to be partly fulfilled by the spread of public education throughout Australia that now serves two thrids of Australian school children.<\/p>\n
Near the State Library in Sydney, on the edge of the Royal Botanical Gardens, is a statue of Richard Bourke.\u00a0 It was the first public statue erected in Australia.\u00a0 It was paid for in 1842 by subscriptions from the residents of the colony.\u00a0 Governor Bourke died in 1855. \u00a0He is buried near his home in Co Limerick in Ireland.\u00a0 His grave is in disrepair.\u00a0 Those who have benefited from his dream of public education should subscribe to a new memorial in his honour at his grave.\u00a0 The current times show that it would be timely and well merited.<\/p>\n
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SECULARISM AND RELIGION<\/p>\n
The longest established school in Australia still functioning is The King\u2019s School at Parramatta.\u00a0 Governor Bourke considered this Church of England school an offence to his national school ideal.\u00a0 He planned \u2018national\u2019, \u2018model\u2019 or \u2018public\u2019 schools.\u00a0 The earliest of these that has had a continuous record of teaching and education is Fort Street School. \u00a0It took over the building that had served as the Military Hospital in Sydney, established in 1815.\u00a0 We can be proud not only of our school but of the role and example it has afforded for public education throughout Australia.<\/p>\n
When the federation of the Australian colonies was discussed in the last decade of the 19th Century, the role of religion in the proposed Constitution was hotly debated.\u00a0 Ultimately, over much opposition, reference to God was slipped into the Preamble to the Imperial Act to which the Australian Constitution was annexed. [6] \u00a0\u00a0\u00a0\u00a0It declared that the People of the uniting colonies were \u201chumbly relying on the blessing of Almighty God\u201d in establishing the Constitution.<\/p>\n
This mention of God led to furious disagreement.\u00a0 Ultimately, section 116 \u00a0of the Constitution was included, forbidding the Federal Parliament from making \u201cany law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion\u201d or imposing any \u201creligious test\u201d.\u00a0 This provision was largely copied from the First Amendment to the Constitution of the United States of America. \u00a0However, unfortunately (unlike in that country), it has been given a needlessly and mistakenly a narrow interpretation by the High Court of Australia.[7]<\/p>\n
The consequence is that, although our Constitution reflects the common wish that Australia should be a secular country, in large part, the textual provision has proved incapable of enforcing effective secularism. This is particularly so in the public funding of religious schools. [8] \u00a0\u00a0In consequence of this, Australia has one of the highest levels of governmental funding of religious schools amongst the advanced democracies that are members of the Organisation for Economic Cooperation and Development (OECD).\u00a0 As a result, the dream of Governor Bourke survived; but his concern about denominational schools experienced an afterlife that has emboldened religious supporters to make ever increasing demands on the legislatures and the Australian community.<\/p>\n
The success of these demands is the more surprising because of the strong support for secularism that continues in Australia, doubtless reinforced by the general dedication of State public schools to secular education.\u00a0 The demands are also surprising because of the evidence, in successive national Census returns, indicating the decline of religious affiliation over the years since Federation.<\/p>\n
Whereas in earlier years, the overwhelming majority of Australians identified as Christian (and specifically as Church of England) in more recent times things have changed.\u00a0 In the Census of 2011, the largest religious group was Roman Catholics.\u00a0 In the 2016 Census, the largest group were those who identified as \u201cno religion\u201d, 30%.\u00a0 That represented an increase of almost 10% in the space of 5 years.\u00a0 Now only 52% of Australians identify in the Census as aligned with \u201cChristianity\u201d.\u00a0 Faster growing religions include Hinduism (1.2%); Buddhism (2.4%) and Islam (2.6%).<\/p>\n
All of this indicates what our experience confirms. This is that Australia is much less religious than the United States.\u00a0 It is rapidly embracing a \u201cpost religious\u201d ethical alignment.\u00a0 This is especially so amongst young citizens.\u00a0 It presents itself as a country which, in the matter of religion, is tolerant, relaxed and believes in \u2018live and let live\u2019.\u00a0 Thus, in my own home, my partner Johan is an adherent to \u201cno religion\u201d.\u00a0 I remain connected with the old religion of my school days, Anglican. We have robust conversations about this subject. But our differences oblige us to respect each other\u2019s views.\u00a0 And not to try to force our opposite opinions upon one another.<\/p>\n
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RELIGIOUS DISCRIMINATION BILL 2020<\/p>\n
Onto this scene has now come a new proposed federal law that has not so far enjoyed the public attention that it deserves.\u00a0 Especially amongst those who have had the advantages of secular education in public schools. \u00a0It would be a mistake to believe that this is an outcome necessarily destined to last forever.<\/p>\n
One consequence of the introduction of same-sex marriage in Australia was a commitment in the Coalition Parties which form the present Federal Government, that, if same-sex marriage were adopted, contrary to the wishes of most religious organisations and their adherents, new and stronger legal entitlements would be enacted for people of \u2018religious belief\u2019.\u00a0 This audience will include people of different political opinions and religious beliefs, as well as people of no religious belief.\u00a0 Everyone\u2019s right to have their own opinions in such matters must be respected.\u00a0 However, there are provisions in the new Religious Discrimination Bill that need to be considered very carefully, in case the Bill is enacted by Federal Parliament:<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 A pharmacist will be entitled to deny birth control treatment to an unmarried customer because of his \u201creligious belief\u201d;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 A religious school will be entitled to deny employment to a gardener or tuckshop manager who cannot produce proof of alignment with the school\u2019s religion;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 A doctor will be entitled to refuse stem cell therapy for a disabled person on the ground of his or her disability because of his beliefs and to send them away without advice on where to go to get help;<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 Teachers, even in public schools, will be entitled to ridicule gay students and people belonging to another faith, on the grounds of the teacher\u2019s religious belief; and<\/p>\n
*\u00a0\u00a0\u00a0\u00a0\u00a0 A non-Christian will be entitled to ridicule Christian believers without remedy because of that person\u2019s religious belief.[9]<\/p>\n
One of the basic flaws in this proposed law is that it does not counter-balance the rights of people to secure legal protection for their religious beliefs and speech against the competing rights of others to enjoy their own basic human rights.\u00a0 In Australia we do not have a general charter or rights in our Constitution or in federal law.\u00a0 This Bill is intended to override State anti-discrimination laws.\u00a0 Many commentators consider that this is an undesirable direction for our law to take.\u00a0 The human rights of particular people have to be reconciled with the human rights of other people.\u00a0 The right to \u201cswing my arm, finishes when I hit another person\u2019s chin\u201d. [10]<\/p>\n
<\/p>\n
SENTINELS OF SECULARISM<\/p>\n
This is why those who have had the great advantage of secular education in public schools (including people who may be themselves religious) have an interest to know where this new legislation is pointing.\u00a0 It is not a good direction.\u00a0 Those who are of that view should raise their voices.\u00a0 The new law could encourage the intrusion of an individual teacher\u2019s religious beliefs into the secular space of public schools to diminish the dignity, self-respect, beliefs and position in life of others.\u00a0 All in the name of the \u201creligious belief\u201d of others.\u00a0 We have only to look around in our world to see that sometimes religious beliefs can be decisive.\u00a0 So far, we have got by in Australia without adding legal enforcement to religious beliefs.\u00a0 Our multicultural and multifaith community is a model for the world.\u00a0 We should not unravel it by encouraging legal enforcement of religious beliefs, whatever form they may take.<\/p>\n
This is why the beneficiaries of public education in Australia, and others who share this view, should oppose the current moves. They are unnecessary and potentially damaging.\u00a0 Secularism is one of the greatest gifts in Australian constitutionalism that we receive from our British heritage.\u00a0 All citizens should be vigilant to defend secularism.\u00a0 But above all, those whose education is, or has been, in public schools: \u201cfree, compulsory and secular\u201d.\u00a0 The beneficiaries of public education should be vigilant sentinels of secularism.\u00a0 We must not lose the dream of Richard Bourke.<\/p>\n
* Justice of the High Court of Australia (1996-2009).
\n[1] A Prize for Originality is offered by the school in the name of Fortians, Michael Kirby and John Singleton AM.\u00a0 It was won jointly in 2020 by Bonnie Huang and Lucy Bailey.
\n[2] Public Instruction Act 1880 (NSW) (Act 43, Vic. No. 23), s.7.
\n[3] Ibid, s.18
\n[4] R.S. Horan, Fort Street \u2013 The School, Honeysett Pub. 1989, 7.
\n[5] General Sir Richard Bourke KCB (1777-1855).\u00a0 He was Governor of NSW 1831-1837.
\n[6] Constitution of the Commonwealth of Australia Act 1900 (Imp.); 63 and 64 Vic. c12 First Preamble.
\n[7] Luke Beck, Religious Freedom and the Australian Constitution \u2013 Origins and Future, Routledge (Taylor and Francis, London, 2018, 165.
\n[8] Attorney-General (Vic) ex rel Black v The Commonwealth (DOGS Case) (1981) 146 CLR 559 at 634; cf at 588; cf Williams v The Commonwealth (2012) 248 CLR 156 [109]-[110].
\n[9] See Generally submission by Australian Discrimination Law Experts Group on Religious Discrimination Bill 2019 \u2013 2nd exposure draft, 30 January 2020.
\n[10] Z. Cowen, The Right to Swing My Arm, Tagore Law Lectures 1959, Uni of Calcutta.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
FORT STREET HIGH SCHOOL ANNUAL SPEECH DAY 2020 SYDNEY TOWN HALL 21 FEBRUARY 2020 (photo of principal Juliette McMurray, The Hon.Michael Kirby AC CMG and past principal Ros Moxham) SENTINELS OF SECULARISM The Hon. Michael Kirby AC CMG* Fort Street High School, 1955 RESPECTS AND PRAISE It is always a privilege […]<\/p>\n","protected":false},"featured_media":1878,"comment_status":"closed","ping_status":"closed","template":"","class_list":["post-1797","article","type-article","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/article\/1797","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/article"}],"about":[{"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/types\/article"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/comments?post=1797"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/media\/1878"}],"wp:attachment":[{"href":"https:\/\/www.thebuzz.net.au\/fortstreet\/wp-json\/wp\/v2\/media?parent=1797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}