Living next to a cemetery: Tonyuk

In Tonyuk v Ukraine [2017] ECHR 492 the applicant, Yustyna Tonyuk, a Ukrainian national born in 1941 and living in Yaremche, in the Ivano-Frankivsk Region, complained about the existence and use of a cemetery that had been created adjacent to her home. Ms Tonyuk had obtained two judgments from the national courts banning the use of the cemetery for future burials on the ground that its proximity to her home was in breach of the applicable sanitary standards. Her house was some ten metres from the cemetery boundary, her yard was separated from the cemetery by a wire mesh fence and the nearest row of graves was about a metre from the fence (some eleven metres from her house) and clearly visible from her yard [7]. Continue reading

Law and religion round-up – 28th May

A very, very sad week – and not one for flippant straplines…

The atrocity in Manchester

The appalling news from Manchester is beyond words. How society might react to it, however, is a legitimate matter for concern: there have already been calls in the social media for mass internments (of whom, precisely?) – and worse. Possibly one of the most measured reactions on Twitter was from Adam Wagner:

“1/ A few thoughts on the horrendous terror attack on my brilliant home town of .

2/ Terrorism isn’t just senseless violence. It has a purpose, which is to terrorise us. We, the public who watch in terror, are victims too.

3/ It’s totally natural to respond to terror with fear, anger, sometimes even a need for revenge; an ‘eye for an eye’. That’s what they want.

4/ The very best human societies are open, tolerant, multicultural. Terrorism makes us close up, retreat into our safe, small groups.

5/ In times of fear and retreat we must trust the rule-based system we build in better times. It’s insurance against our worst natures.”

Church of Scotland on same-sex marriage

The General Assembly of the Church of Scotland has agreed in principle to the report of its Theological Commission, An Approach to the Theology of Same-Sex Marriage. Continue reading

Law and religion round-up – 21st May

And as the Election campaign grinds on… 

General Election 2017

The three main UK parties’ manifestos are now published: Conservative, Labour and Liberal Democrat. Unsurprisingly, there is little about “religion” in any of them; however, the Lib Dems have said that, if elected, they will introduce opposite-sex civil partnerships, while the Tories seem to have put the “British Bill of Rights” on the back burner for the whole of the next Parliament.

Prime Minister answers LGBT questions from Pink News readers

Theresa May answered questions posted by Pink News readers on a range of LGBT issues ahead of the General Election. Continue reading

Scattering Ian Brady’s ashes (updated)

The inquest into the death of the remaining “Moors Murderer”, Ian Brady, commenced on 16 May 2017, and the BBC reported that his ashes would not to be scattered at Saddleworth Moor, the burial place of many of their victims. Senior coroner Christopher Sumner is reported as saying that “he knew he did not have the legal power to make such a request but believed it was the ‘correct moral judgement'”.  Continue reading

Law and religion round-up – 14th May

Reciprocal heresy trials”, an episcopus vagans and Matthew 6:3

At the end of a week of fast-moving events following the consecration in Newcastle of the Revd Jonathan Pryke as a “bishop in the Church of God” by the Presiding Bishop of the Reformed Evangelical Anglican Church of South Africa (REACH-SA), here, here, and elsewhere, we are left with little clarity on how events will be progressed by GAFCON, GAFCON-UK, AMiE or even the Church of England, which – no doubt wisely – has adopted a low-key approach to the situation.

The piecemeal release of statements &c has been followed by commentators, and many identifying themselves as evangelicals have been critical of the initiative and of the organizations concerned: Order! Order!”: Reflections on The Jesmond Consecration, Andrew Goddard, FulcrumShould evangelicals be embarrassed by Newcastle?, Ian Paul/Peter Carrell, Psephizo; and Why now? The deeply strange timing of the renegade conservative Anglicans, Andy Walton, Christian Today. Legal issues have been addressed by Andrew Goddard’s observations, supra, and Philip Jones’ piece A Rogue Bishop.   

[Update: This evening, Thinking Anglicans included a copy of the Q and A document handed out in the morning at Jesmond Parish Church about its reasons for the episcopal consecration. Legal issues are not addressed, although it states inter alia [emphasis added]:

“such [New Style] bishops need to be faithful to 1) the biblical miracles of the virginal conception of Jesus and his Resurrection and empty tomb; 2) the biblical ethic that sex should be reserved for lifelong heterosexual monogamous marriage; and 3) the biblical principle that means bishops should be male – all issues in the North East in recent years“.

[…]

“the aim is not to create a new denomination. No! This is one small but necessary step on behalf of faithful Church of England ministers and congregations nationwide in our mission to the nation. This is not a step of ‘leaving the Church of England’ It is the theologically liberal bishops and clergy that have ‘left the Church of England’ doctrinally. This is a step to preserve the Church of England’s heritage and mission which we have received”.]

A report in Christian Today on 9 May commented, “The Archbishop of York … is being kept informed but is yet to make a formal response”. We await developments with interest.

More about bishops

Following its final meeting in Dublin in 2016, Members of the Colloquium of Anglican and Roman Catholic Canon Lawyers held a reunion at the Venerable English College in Rome on Wednesday evening 10th May. Continue reading

Law and religion round-up – 7th May

Striving always to provide a strong and stable blog rather than a coalition of chaos…

 …following the example set in the House of Commons:

Paul Flynn (Newport West) (Lab): On a point of order, Mr Speaker. You and I are familiar with the syndrome of pre-election tension that afflicts this place. You are concerned for the wellbeing of Members, particularly the hon. Member for Lincoln (Karl McCartney), but I believe that what we have seen today is a sudden outbreak of parliamentary Tourette’s. The rumour is that something known as a “Crosby chip” has been implanted in the brains of Conservative Members that compels them to say “strong and stable” every 18 seconds and “coalition of chaos” every 38 seconds. Can we inquire into whether the affliction is permanent or one that can be cured? Continue reading

Law and religion round-up – 30th April

Parliament was prorogued on Thursday ahead of dissolution on 3 May …

… but first, 

… there were several key pieces of legislation, of which there is a full list in Hansard, here.

Among the bills that survived the pre-Election frenzy, a truncated Finance Bill left out the trigger to start HMRC’s ‘Making Tax Digital’ initiative, no doubt to the relief of small charities everywhere. But it will almost certainly be back on the agenda in due course, whatever the election result.

Parliament also passed the Northern Ireland (Ministerial Appointments and Regional Rates) Bill: a piece of emergency legislation which retrospectively resets the “14-day clock” in the Northern Ireland Act 1998 that expired on 27 March and replaced it with a 108-day grace period ending on 29 June. The duty on the Secretary of State to set a date for a new Assembly election is therefore suspended, at least for a period, and he can continue negotiations over power-sharing. Continue reading