Law and religion round-up – 8th October

A typical eclectic mix of news from the world of law and religion…

Organ donation – presumed consent

One aspect of the Prime Minister’s speech to the Conservative Party Conference on Wednesday that received relatively little media attention was her announcement of plans to move to a system of presumed consent for organ donation under which everyone would be presumed to agree to the removal and reuse of body parts after their death unless they opted out, rather than the present situation in which it is necessary to opt in to organ donation. However, the issue is not straightforward and the approach of different faith groups to organ donation complicates the matter. Continue reading

Law and religion round-up – 17th September

Brexit (inevitably), school dress codes, clergy employment, humanist marriage, religious karaoke – another mixed bag…

Brexit

On Monday, the European Union (Withdrawal) Bill was given its second reading: Ayes, 326: Noes: 290. The Bill stands committed to a Committee of the whole House for eight days of detailed debate.

The Scottish Government and the Welsh Government both declined to recommend that legislative consent be given to the Bill by their legislatures unless it is amended to address their specific concerns.

Primary school uniform

Also on Monday, we reported the case of a husband and wife who had withdrawn their six-year-old son from his Church of England primary school after a boy in his class was allowed to wear a dress to school. Continue reading

Law and religion round-up – 16th July

A quiet week, apart from…

… not the Great Repeal Bill

On Thursday, the Government published the European Union (Withdrawal) Bill. We noted it here and the Parliament page on the Bill is here.

In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading

Law and religion round-up – 2nd July

From Hung Parliament to Bung Parliament…

…male Members without ties, and even more bishops.

Abortion in Northern Ireland

Last week, one year on from hearing oral argument, the Northern Ireland Court of Appeal overturned the ruling at first instance by Horner J in which he held that the abortion law in Northern Ireland was incompatible with the UK’s obligations under the Human Rights Act 1998 in circumstances where the foetus had been diagnosed with a fatal foetal abnormality or where the pregnancy was the result of rape or incest. Simultaneously, however, the BBC reported that the Chancellor of the Exchequer had announced in advance of a likely vote on the issue in the House of Commons that women from Northern Ireland would in future be able to obtain NHS terminations in England. We noted it all here. Continue reading

Huberta the Hippopotamus, the Bishop who wouldn’t resign – and the Diocese of Mzimvubu

In a further guest post, David Scrooby, an attorney of the Republic of South Africa, follows up his previous post on the dispute between Bishop Mlibo Ngewu and the Anglican Church of Southern Africa.

In 1930 a hippopotamus named Huberta became famous as she walked 1600 miles from Lake St Lucia in northern KwaZulu-Natal (KZN) to near Grahamstown in the Eastern Cape, crossing over the great rivers of the Diocese of Mzimvubu (DOM).

Reflecting this epic journey, Mlibo Ngewu has moved from the KZN High Court to the Eastern Cape High Court, and in Ngewu v Archbishop Makgoba & Others (EL197/2016, ECD497/2016 [2017] Eastern Cape Local Division, East London Circuit (25 May 2017), (unreported) his position as Bishop of the Diocese of Mzimvubu was the cause of further litigation in a secular court. He was again unsuccessful and Acting Judge Nicola Molony dismissed the application for an interdict against the Anglican Church of Southern Africa, with costs. Continue reading