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

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 – 23rd April

A week dominated by…

…the General Election, June 2017

On 18 April we published a short post on the announcement by the Prime Minister of her intention to move a motion for an early election in the House of Commons on the following day, under the provisions of the Fixed-term Parliaments Act 2011. The House of Commons Library immediately published a helpful short guide to the election, and for anoraks, it answers the question: Will the Manchester Gorton by-election go ahead? vide infra. The House of Commons Library has also produced a briefing on the Fixed Term Parliaments Act.

On 12:57 pm on 19 April, the Prime Minister moved “That there shall be an early parliamentary general election”. [HC Hansard, 19 April Vol 624 Col 681]. After a 90-minute debate, the House divided: Ayes: 522; Noes: 13.  Continue reading

Law and religion round-up – 12th March

Social media (mis)use in the news, hate-speech – and another round in the saga of The Donald’s Executive Order…

News from Trumpton

Obiter J reports that legal action has been commenced against President Trump’s new Executive Order of 7 March on the entry of certain aliens from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The new Order will replace EO 13769 on 16 March. The case is State of Hawai’i and Ismail Elshikh v Donald J Trump & Ors: Mr Elshikh is Imam of the Muslim Association of Hawai’i. It will be heard in the US District Court for the District of Hawai’i: the State’s Second Amended Complaint, seeking an Order invalidating portions of the Executive Order, is available here.

The Wall Street Journal subsequently reported that the Attorneys General of the States of Washington and New York had announced that they, too, will challenge it. Washington Attorney General Bob Ferguson is to ask US District Judge Robart to apply his temporary restraining order to the new Order. According to a subsequent report, Oregon and Minnesota will also join the suit when an amended complaint is filed.

Brexit Bill returns to Commons Continue reading

Law and religion round-up – 2nd October

A week in which IICSA seemed in crisis yet again, another burkini ban was slapped down and the size of the House of Lords came under fire …

Independent Inquiry into Child Sexual Abuse

The woes of the Independent Inquiry into Child Sexual Abuse seem to continue undiminished. On 28 September it was announced, and confirmed on 29 September, that the senior member of the Inquiry’s legal team, Ben Emmerson QC of Matrix Chambers, had been suspended from duty; and on the following day he resigned from the role of Counsel to the Inquiry. At the same time, it came to light that Elizabeth Prochaska, Emmerson’s immediate deputy, had already resigned. The BBC reported her as saying:

“I can confirm that after 15 months working on the Independent Inquiry into Child Sexual Abuse, I resigned from my position as Junior Counsel with effect from 15 September 2016. I very much valued the experience of working with the Inquiry and I wish all my former colleagues the best as they continue their work.”

In a letter to the Chair on 29 September, Mr Emmerson notified Professor Jay of his resignation and  Continue reading

Law and religion round-up – 18th September

And as a couple of OAPs continued to slug it out for the US Presidency, a very busy week in which another couple of OAPs carried on blogging…

…and reporting on the week’s bumper crop of developments in law and religion, (with, surprisingly, only a peripheral mention of Brexit).

Culling the Lords Spiritual?

The Government’s policy of reducing the number of Commons constituencies from 650 to 600 has produced the inevitable reactions and accusations of gerrymandering – particularly from MPs whose seats would disappear under the Boundary Commission’s initial proposals – and what the Mail on Sunday described as an “ultimatum from rebel Tories”. According to its report:

“Senior Tory MP Charles Walker branded the plans ‘ridiculous’ if they were not matched by similar measures to cut the size of the ‘bloated’ and unelected House of Lords, which has 805 members.  Continue reading