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

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

Károly Nagy v Hungary: the Grand Chamber judgment

Background

The applicant, Károly Nagy, brought a compensation claim against the Hungarian Reformed Church following his dismissal as minister of Gödöllő parish. Disciplinary proceedings had been brought against him in June 2005 after a local newspaper had reported him as saying that state subsidies to a Calvinist boarding school had been paid unlawfully. He was immediately suspended and eventually dismissed, with effect from 1 May 2006, following a decision by the ecclesiastical courts. His attempts to sue in the labour and the civil courts failed for want of jurisdiction and the Supreme Court held that there was no enforceable contract between Mr Nagy and the Church. Continue reading

Church of Scotland votes on same-sex marriage: updated and corrected

The General Assembly of the Church of Scotland has agreed in principle to the report of its Theological Forum, An Approach to the Theology of Same-Sex Marriage. According to the Kirk’s press release, in presenting the report the Forum’s convener, the Very Revd Professor Iain Torrance, said that he and his colleagues could see “no sufficient theological reason for the Church not to authorise specific ministers to officiate at same-sex weddings”, adding that this would be possible “if doing so does not prejudice the position of those who decline to do so for reasons of conscience”.

The Deliverance of the General Assembly is as follows: Continue reading

The Ecclesiastical Law Society’s new website

After a total rebuild and a lot of effort by the working-party led by Russell Dewhurst that was tasked with overseeing it, the new website of the Ecclesiastical Law Society has gone live. The new site, which is being formally launched at the Society’s AGM today, was designed and implemented by Square Eye, a website design company specialising in law firms, membership associations and barristers’ chambers. The Society also now has a Twitter accountContinue reading

York Minster constables given police powers

York Minster Police to have same powers as regular police constables within the cathedral’s precinct

A Press Release from York Minister announced that for the first time in nearly 80 years, its Minster Police will soon hold the same powers as regular police constables within the cathedral’s precinct. Although the Minster Police is a private police force, its Cathedral Constables have recently undergone specialist training and will soon be attested giving them the power of arrest within the cathedral and its boundaries. Continue reading