Law and religion round-up – 22nd October

A week in which the main theme seemed to be discrimination on grounds of gender or sexual orientation

Church of England to debate blessings for same-sex couples?

Last week, as we noted, the Hereford Diocesan Synod passed a resolution requesting the House of Bishops to initiate the formulation of a discretionary liturgy for use following the registration of a civil partnership or a same-sex marriage. The BBC subsequently reported this under the headline Church of England to discuss same-sex blessing, stating that “The general synod will now debate a form of service described as ‘neither contrary to nor a departure from’ the doctrine of the church”. Continue reading

Law and religion round-up – 15th October

Sero sed serio…

… as until Friday, we thought it was going to be a quiet week for news, despite the MPs’ return to Parliament after the break for Party Conferences. In addition to our Saturday posts on Sex segregation in school, and the disposal of Ian Brady’s remains, reviewed below, shortly after the publication of this round-up, the Church of England issued a statement concerning the meditation that had taken place with the sexual abuse survivor known as “Gilo”; this prompted a response from Ecclesiastical Insurance Office plc.

Sex segregation in school

On Friday, the Court of Appeal handed down judgment in Chief Inspector of Education, Children’s Services And Skills v The Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1426. The issue of principle before the Court was

“whether it is direct discrimination, contrary to sections 13 and 85 of the Equality Act 2010 for a mixed-sex school to have a complete segregation of male and female pupils over a certain age for all lessons, breaks, school clubs and trips” [1]. Continue reading

Judge determines Ian Brady’s funeral arrangements

On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch). The Court also provided a Summary “to assist in understanding the Court’s decision. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document”.

The following extracts are from the Court’s summary, and a fuller consideration will be given in a later post.  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

Recent queries and comments -19th August

An occasional prequel to our weekly round-up

Following an initial collection of queries and comments in our 13 August round-up, we have compiled a further batch of “Quick Answers”  which provides links within the blog to questions which have arisen from searches of, or comments during the past week or so. The content of these “Saturday Supplements” does not necessarily represent our most-read blogs, but reflects current interests of readers accessing the site on (mostly) contemporary issues.  Continue reading

Law and religion round-up – 13th August

Blasphemy in Ireland, flying spaghetti in Germany, silly hats in Canada – just a typical week…

Ireland’s blasphemy laws “least restrictive in the world”? Possibly, but…

The Report of the US Commission on International Religious Freedom 2017 noted that

“many countries in Western Europe, including Austria, Denmark, France, Germany, Ireland, and Italy, retain legislation on blasphemy, defamation of religion, or ‘anti-religious remarks’, though these laws are seldom enforced. In one promising development, Ireland’s coalition government announced in May 2016 its intention to hold a referendum on the removal of its blasphemy law” [212].

Continue reading

Law and religion round-up – 30th July

A busy week, dominated by the tragic case of Charlie Gard.

Charlie Gard

We have been following the recent Charlie Gard case, but we refrained from reporting on day-to-day developments in the case because we felt that the issues involved were beyond our remit and the medical aspects were well outside our specific expertise. In his judgment in Great Ormond Street Hospital v Gard [2017] EWHC 1909 (Fam) Mr Justice Francis commented:

“A lot of things have been said, particularly in recent days, by those who know almost nothing about this case but who feel entitled to express opinions. Many opinions have been expressed based on feelings rather than facts” [1].

“The world of social media doubtless has very many benefits but one of its pitfalls, I suggest, is that when cases such as this go viral, the watching world feels entitled to express opinions, whether or not they are evidence-based” [11]. Continue reading