The outcome of a religious freedom review headed by Philip Ruddock could undermine or even nullify the ACT's Human Rights Act, the territory government has warned.
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In a submission to the religious freedom inquiry, announced to to smooth the way for the passage of the same-sex marriage bill last year, the ACT government wrote the right to religious freedom was one of many freedoms already protected under the territory's human rights framework.
The bill was passed in 2004 and enshrines the individual's right to worship or believe what they choose.
It also enshrines an individual's right to not be coerced into the adoption of religious belief or practice.
Religious freedom is also protected in the ACT by anti-discrimination laws, which guard against discrimination on the grounds of religious conviction.
"The Act has recently been amended to include changes to protect against religious vilification. The introduction of religious vilification was also recommended by the Law Reform Advisory Council, and by the ACT Human Rights Commission," the submission reads.
"The commission had received complaints of vilifying acts that had proved difficult to assess on their merits because they were not able to be clearly established to be on grounds of race, and it was clear that religion was the target of the offensive behaviour."
Chief Minister Andrew Barr said any federal legislation that came from the inquiry that "locked in" discriminatory practices, like denying goods or services to same sex couples getting married, would contravene the ACT's Human Rights Act "and the values of the Canberra community".
"The right to Freedom of Religion is no greater or lesser than the right to Freedom from Discrimination. These freedoms must be routinely balanced and limited against each other, and that's what the ACT's Human Rights Act does," Mr Barr said.
"We strongly reject any suggestion that the Commonwealth should override or negate the ACT's discrimination laws as a result of this Review."
The submission goes further, saying to "nullify or override such laws without reference to the territory's elected representatives or the will of the ACT community would represent a significant undermining of the territory's democratic fabric".
The inquiry will report its findings by March 31.
