Australian referendum, 1988 (Rights and Freedoms)

The Constitution Alteration (Rights and Freedoms) 1988 was proposed legislation that was put to referendum in the Australian referendum, 1988. The legislation sought to enshrine in the Australian constitution various civil rights, including freedom of religion, rights in relation to trials, and rights regarding the compulsory acquisition of property.

Results

A Proposed Law: To alter the Constitution to extend the right to trial by jury, to extend freedom of religion, and to ensure fair terms for persons whose property is acquired by any government.

Do you approve this proposed alteration?

Result

State	On rolls	Ballots issued	For		Against		Informal
			Votes	%	Votes	%
New South Wales	3,564,856	3,297,246	965,045	29.65%	2,289,645	70.35%	42,556
Victoria	2,697,096	2,491,183	816,057	33.42%	1,625,484	66.58%	49,642
Queensland	1,693,247	1,542,293	503,217	32.88%	1,027,218	67.12%	11,858
South Australia	937,974	873,511	223,038	26.01%	634,438	73.99%	16,035
Western Australia	926,636	845,209	233,917	28.14%	597,322	71.86%	13,970
Tasmania	302,324	282,785	70,987	25.49%	207,486	74.51%	4,312
Australian Capital Territory	166,131	149,128	60,064	40.71%	87,460	59.29%	1,604
Northern Territory	74,695	56,370	20,503	37.14%	34,699	62.86%	1,168
Total for Commonwealth	10,362,959	9,537,725	2,892,828	30.79%	6,503,752	69.21%	141,145
Results	Obtained majority in no State and an overall minority of 3,610,924 votes.

Discussion

The "religious freedom" part of the proposed change was opposed by many churches and religious-affiliated schools concerned that it would be interpreted as requiring a level of church-state separation that would put public funding and government assistance for faith schools in jeopardy.

Conversely, Liberal senator Richard Alston argued that the aforementioned provision could place the use of corporal punishment in religious schools beyond the power of the government to regulate.