When it all boils down chaplains are here to stay. It seems that Mr Williams and his supporters have lost.

I do not wish to comment on the particular case, but I do wish to make a few points relevant to Victoria.

First of all, religious instruction and chaplains are two separate issues, as RI is now delivered by volunteers, not by chaplains.

Secondly, the law in Victoria is that religious instruction must be provided in a public school if the school is approached to provide it. Neither the school principal nor the school council can refuse. Attendance is not compulsory.

Thirdly, Victoria has had school chaplains in public schools since at least the 1950s with not a word of objection. It was a non-issue for 50 years. It became an issue only when the Howard government started funding them.

Chris Curtis

Blue Cross, it is immaterial what the plaintiff pleaded. What is material is what the court decided. You can read that judgement here http://www.austlii.edu.au/au/cases/cth/HCA/2012/23.html and it turns wholly on s 61, the Commonwealth's power to make payments. In effect the court held that the Commonwealth can fund people for religious purposes such as school chaplains, they just have to do it the correct way.

I watched Wilson on the 7.30 report try and spin the result as turning on separation of church and state when it did nothing of the sort.

As I said, you're entitled to try and spin it, but you aren't entitled to abuse an author.

TBC, I'm glad you mentioned Gillard, in light of my comment about political-pragmatism. Where does a socialist-atheist-living-in-sin Prime Minister get off promoting chaplains in State schools and putting the kibosh on the equality of marriage? Tell me that's all about principal!

Francis, err, minor correction: the State lost; Williams won and the chaplains are going the way of the Dodo.

Chris C, we live in a progressive society (so I'm told). We once condoned institutional racism and sexism. Just because it's been going for fifty years doesn't mean it's right. How would you feel about an Islamic enclave in our schools? Of course they'd promise not to proselytise.

Squeers,

Are you sure or is that wishful thinking?

How did the State lose when all it needs is to legislate ( as just announced by the Federal gvt today) or channel the funding through the States.

Francis,
the State is the people and will only legislate with the will of the people. The people's will is compromised; that is to say liberated, at least in the long run.