god argument fails driver licence case
TWO women denied drivers' licences because they believed having their photos taken violated God's second commandment have lost a discrimination case.
Sunrise Eliza Kayah Celeste Emanuel and Mimi Yahjah Emanuel went to the Queensland Civil and Administrative Tribunal (QCAT) in Hervey Bay after the state government refused to issue them licences in 2009.
In March, the tribunal heard the women believed the taking of a photograph directly violated the second commandment, which they said "tells us not to make an image or a likeness".
4 replies
They complained that Queensland Transport's refusal to issue a licence without a photograph on it amounted to unlawful discrimination, in accordance with the Queensland Anti-Discrimination Act 1991, on the grounds of religious belief or activity.
The women provided voluminous material, including a copy of the Bible, in support of their application, which tribunal member Robert Wensley acknowledged was the result of "enormous research and industry".
The state fought the matter, with a senior manager of the Department of Transport and Main Roads telling the tribunal the photographic requirement was in line with national guidelines.
He said the state had a duty to ensure that a driver's licence is only issued where the licence can reliably identify its holder to any law enforcement agency.
The tribunal also heard from police experts who said issuing licences without photographs exposed the system to identity fraud.
In a recently published judgment, the tribunal ruled against the women.
Mr Wensley found that in this case, issues of government security overrode the women's freedom to express their religious beliefs.
