UK's Department of Education Clarifies Religious Education Requirements

Britain's Department of Education yesterday issued a Guidance Note (full text) assuring schools that their Religious Education curriculum does not need to change in response to a court decision (see prior posting) last month holding that schools cannot completely exclude the study of non-religious beliefs. According to the Department, the decision does not mean that equal time must be given to teachings of humanism. Schools can continue to give precedence to the teachings of major faith groups, and the curriculum of non-religiously affiliated schools must "reflect the fact that the religious traditions in Great Britain are, in the main, Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain."

Britain's Law Commission Studies Possible Reform of Marriage Laws

Yesterday Britain's Law Commission published a 97-page background paper that lays the groundwork for possible reform of the country's marriage laws.  The publication, Getting Married: A Scoping Paper, highlighted two key policy areas that need examination in any reform: (1) whether non-religious organizations or independent celebrants should be able to conduct marriage ceremonies; and (2) how far the rules for entering civil partnerships should mirror the rules for marriage. Law & Religion UK has more on the Law Commission's report.

British Court of Appeals Says Muslim Prison Chaplains Did Not Suffer Pay Discrimination

In Naeem v The Secretary of State for Justice, (EWCA, Dec. 9, 2015) , the England and Wales Court of Appeal held that discrimination was not the cause of the average pay of Muslim prison chaplains in British prisons being lower on average than that of Christian chaplains. Instead it was caused by the fact that the Prison Service only began employing Muslim chaplains in 2002.  Before that there were not enough Muslim prisoners to call for employing full-time Muslim chaplains.  Thus the average length of service for Muslim chaplains is less than for Christian chaplains.  Chaplains get pay raises based on length of service.

Petitioners, who originally brought their cases before an Employment Tribunal, argued that they were the victims of "indirect discrimination"-- which is defined in British law as a practice that operates with a disparate impact on a protected class.  The appeals court, relying on earlier precedent, held: "an employer can rebut a claim of indirect discrimination by showing that an apparent disparate impact is the result of non-discriminatory factors." Law & Religion UK reports further on the decision.

Britain's Commission on Religion In Public Life Issues Final Report

The Commission on Religion and Belief in British Public Life-- created by the Woolf Institute in 2013-- released its final report yesterday. The Commission was chaired by a distinguished retired British judge, Baroness Elizabeth Butler-Sloss. The 104-page report titled Living With Difference-- Community, Diversity and the Common Good makes wide-ranging recommendations.  It identifies important religious changes in Britain over the past 50 years: an increase in the number of non-religious individuals; a general decline in Christian affiliation, belief and practice; and increased diversity of religious beliefs among those who profess a religion. The report sets out a broad vision:

The commission’s vision is of a society at ease with itself in which all individuals, groups and communities feel at home, and in whose flrishing all wish to take part. In such a society all:

• feel a positive part of an ongoing national story – what it means to be British is not fixed and final, for people in the past understood the concept differently from the way it is seen today and all must be able to participate in shaping its meaning for the future

• are treated with equal respect and concern by the law, the state and public authorities

• know that their culture, religion and beliefs are embraced as part of a continuing process of mutual enrichment, and that their contributions to the texture of the nation’s common life are valued

• are free to express and practise their beliefs, religious or otherwise, providing they do not constrict the rights and freedoms of others

• are confdent in helping to shape public policy

• feel challenged to respond to the many manifest ills in wider society.

The Guardian reports on some of the Commission's recommendations, focusing particularly on those affecting schools.

British Court Says Religious Education Curriculum Must Include Non-Religious Beliefs

As reported by a British Humanist Association press release, a British High Court judge in London held yesterday that non-religious views, such as humanism, must be included in British schools' Religious Education studies.  In Fox v. Secretary of State for Education, (EWHC, Nov. 25, 2015), a judge held:

The Strasbourg jurisprudence shows that the duty of impartiality and neutrality owed by the state do not require equal air-time to be given to all shades of belief or conviction. An RE [Religious Education] syllabus can quite properly reflect the relative importance of different viewpoints within the relevant society. The same would seem to follow for a region or locality. The duty might therefore be described as one of “due” impartiality..... In addition, of course, a generous latitude must be allowed to the decision-maker as to how that works out in practical terms. But the complete exclusion of any study of nonreligious beliefs ... would not in my judgment be compatible with [the European Convention on Human Rights' provisions on the right to education].

As Indian Prime Minister Visits Britain, Religious Minorities' Rights Are Raised

India's Prime Minister Narendra Modi, head of the Hindu nationalist Bharatiya Janata Party (Indian People's Party) began an important 3-day formal visit to Britain yesterday. However his visit has been dogged by concerns on at least two fronts regarding the rights of religious minorities in India. According to The Guardian:

In the last few months, mobs of fanatics, some linked to his party, the BJP, have lynched Muslims for eating, carrying or possessing beef, or on mere suspicion of having done so.... Most of all, however, critics say it was Modi himself who spawned the narrative of beef as a critical issue during elections last year by warning of a “pink revolution” (a widespread slaughter of cows) if his party didn’t win.

Meanwhile, Sikhs have a different concern, and have enlisted Britain's Labour Party leader Jeremy Corbyn in their cause. According to an NSO Press Release"

The office for the leader of the Labour Party has said Jeremy Corbyn will be taking up the issue of the 1984 Sikh genocide with the Indian premier during his visit to Britain this week.... [P]rior to Mr Modi’s landslide victory, he and his party had placed the blame for the killings of Sikhs on the then Congress government. Furthermore, following appointment to office Mr Modi’s Home Minister described the killings as “genocide”.... [However, according to a Sikh leader in the UK] ... "Mr Modi has done nothing to bring identified Congress leaders who urged gangs of hooligans, to kill, murder and burn Sikh men, women and children, to justice. They now freely roam the streets gloating of their achievements to the bewilderment of relatives of those murdered, as well as the wider Sikh community."

In England, Couple Sentenced To Prison In Faith Healing Death of Their Daughter

In England yesterday, a court in Nottingham sentenced Brian and Precious Kandare to nine and one-half and eight years respectively in the faith healing death of their 8-month old daughter.  According to the Wolverhampton Express & Star,  the couple were members of the Apostolistic Church of God.  The husband was a pastor in the church.  Despite some nursing training on the part of the mother, the couple believed that evil spirits were causing their infant daughter not to thrive.  Instead of seeking medical help, they relied on ritual and prayer in accordance with the church's teaching. They ignored advice to give their daughter vitamin supplements, missed appointments for health check ups, and took the daughter to a faith healer as her condition worsened.  The daughter died of severe malnutrition.

Female Bishops In UK's House of Lords Will Carry Title "Lord Bishop"

Law & Religion UK reports that last Monday as Rachel Treweek, the most senior female Bishop in the Church of England, was sworn in as a member of the House of Lords, the leader of the House of Lords ruled that she will nevertheless be referred to as "The Lord Bishop." The Church of England and the Crown Office have agreed that all Bishops in the House of Lords will be referred to in this way. Thus last Monday's Hansard refers to her as "Rachel, Lord Bishop of Gloucester." [corrected]

British Agency Orders Government Funded Jewish High School To Change Admission Requirement

In Britain, the government's Office of the Schools Adjudicator has required London's Hasmonean High School, a government-funded Orthodox Jewish high school, to change its admission requirements.  The Jewish Press reports that OSA's action comes in response to a complaint from parents about the requirement that a rabbi certify that students' families have observed at least 3 of 5 specific religious requirements during the past year.  One of the 5 is the observance of the laws of family purity. The OSA held that this inquiry could be embarrassing or intrusive for some families and could not be assessed objectively.

Britain Exempts Sikhs From Safety Helmet Requirements

Britain's Department for Work and Pensions issued a press release yesterday announcing that Sikhs who wear turbans for religious reasons are now exempt in almost all workplaces from safety helmet rules.  Previously, an exemption was available only for Sikhs working in the construction industry.  Parliament in enacting the Deregulation Act 2015 extended the exemption to all industries.  Under Sections 6 and 7 of the Act, however, safety helmets may still be required for Sikh first responders and those in the military. Law & Religion UK blog reports on the changes.

British Judge Says Coroner Must Try To Accommodate Religious Objection To Invasive Autopsy

In Britain yesterday, a High Court judge ruled that a coroner acted improperly in rejecting a request by a Jewish family that a non-invasive alternative to an autopsy (such as a CT scan) be used in determining the cause of death of an 86-year old woman who died in a London hospital shortly after she was admitted.  According to the Jewish Chronicle:

[Justice Mitting] said a non-invasive procedure should be considered when the family requested it on religious grounds if there were a “reasonable possibility” that it could establish the cause of death; if there were “no good reason” to order an invasive autopsy; and if it would not impair the findings of an invasive autopsy should that subsequently prove necessary.

The non-invasive procedure should also be done “without imposing an additional cost burden on the coroner,” the judge said.

The ruling will impact both Jewish and Muslim families.

British House of Lords Debates Resolution On Religious Freedom

Law & Religion UK blog reports on the debate last week in the House of Lords (full text of July 16 debate) on a motion to:

[take] note of worldwide violations of Article 18 of the 1948 Universal Declaration of Human Rights and the case for greater priority to be given by the United Kingdom and the international community to upholding freedom of religion and belief.

Introducing the debate, Lord Alton said in part:

The four great murderers of the 20th century—Mao, Stalin, Hitler and Pol Pot—were united by their hatred of religious faith. Seventy years later, all over the world, from North Korea to Syria, Article 18 is honoured daily in its breach, evident in new concentration camps, abductions, rape, imprisonment, persecution, public flogging, mass murder, beheadings and the mass displacement of millions of people. Not surprisingly, the All-Party Group on International Freedom of Religion or Belief, in the title of its influential report, described Article 18 as “an orphaned right”....

800th Anniversary of the Magna Carta; What Did It Have To Do With Religious Freedom?

Today is widely celebrated as the 800th anniversary of King John's placing his seal on the Magna Carta (full text) at the demand of rebellious barons. (Background  from the National Archives). However it is actually a revised version agreed to 4 days later that laid the foundation for the rule of law and due process for all freemen.  That is the text that has survived. As recounted by the National Archives in an article titled Magna Carta and Its American Legacy:

Of great significance to future generations was a minor wording change, the replacement of the term "any baron" with "any freeman" in stipulating to whom the provisions applied. Over time, it would help justify the application of the Charter's provisions to a greater part of the population....

What is largely forgotten, however, is that the very first of the protections set out in the Magna Carta was for the English Church (which at this pre-Reformation time still acknowledged the authority of the Pope [background]):

Know that we, at the prompting of God and for the health of our soul and the souls of our ancestors and successors, for the glory of holy Church and the improvement of our realm, freely and out of our good will have given and granted to the archbishops, bishops, abbots, priors, earls, barons and all of our realm these liberties written below to hold in our realm of England in perpetuity.

In the first place we grant to God and confirm by this our present charter for ourselves and our heirs in perpetuity that the English Church is to be free and to have all its rights fully and its liberties entirely.

This was far from the final chapter in King John's relationship with the Church.  As recounted in Meeting at Runnymede from the Constitutional Rights Foundation:

King John ... secretly wrote the Pope asking him to cancel Magna Carta on the grounds that he signed it against his will. At the same time he continued to build up his mercenary army. Not trusting John's intentions, the rebel barons held on to London and maintained their own army.

Pope Innocent III replied favorably to King John's appeal. He condemned Magna Carta and declared it null and void.... The barons charged that King John had defaulted on his agreement with them and they were justified in removing him from the throne. They offered the throne to the son of the French king, if he would aid their rebellion.

A long and bloody civil war loomed across England, when suddenly, King John died....Ten days later John's nine-year-old son, Henry, was crowned as the new king of England. With John out of the way, the conflict gradually ceased. Less than a month after Henry was crowned, his supporters confirmed Magna Carta in his name. This time it received the approval of the Pope.

British Employment Tribunal Vindicates Christian Woman Fired For Comments About Homosexuality

In Mbuyi v. Newpark Childcare (Shepherds Bush) Ltd., (Empl. Trib., June 4, 2015), a British Employment Tribunal in Watford held that Sarah Mbuyi, a 31-year old nursery assistant who was a Belgian national and and evangelical Christian, was the victim of religious discrimination when she was fired because of a conversation she had with a lesbian co-worker who was in a civil partnership. In the course of the conversation, Mbuyi told her co-worker that she believes homosexuality is a sin.  The conversation upset the co-worker sufficiently that she asked to be transferred to a different room where she would not be working with Mbuyi. The Tribunal concluded that under the circumstances the firing of Mbuyi was a disproportionate response.  The Tribunal said in part:

The respondent was not anti-Christian.... The issues in this case arose out of the claimant's belief that homosexuality is a sin.... It is a belief worthy of respect in a democratic society, is not incompatible with human dignity and is not in conflict with the fundamental rights of others.  Whilst some may dispute those propositions, we are considering here the belief itself.  When, whether and how such belief maybe manifested, however, is one of the issues in this case, given the inherent interplay with the right not to be discriminated against because of sexual orientation.

The decision has been widely reported in the British media. (The Guardian, Mirror, Christian Concern, Christianity Today, National Secular Society).

British Education Officials Launch Investigation of Jewish Schools Over Women's Driving Ban

The Guardian reports today that Britain's Department of Education is launching an investigation into an order issued by the Jewish Hasidic Belz sect that operates two schools in North London. The sect's order bans women from driving their children to school-- saying (as reported in a second Guardian article) that women's driving violates "the traditional rules of modesty in our camp." The decision was made upon the advice of the Belzer spiritual leader in Israel. A letter to school parents said that beginning in August, children driven to school by their mothers would be turned away.  A special committee will consider requests for exceptions for medical and similar reasons. Education Secretary Nicky Morgan (who is also minister for women and equalities) said:

This is completely unacceptable in modern Britain. If schools do not actively promote the principle of respect for other people they are breaching the independent school standards. Where we are made aware of such breaches we will investigate and take any necessary action to address the situation.”

UPDATE: A June 4 report by JTA indicates that the schools have backed off.  The schools' CEO said that the letter had not been seen in advance by the schools' board and that "women have a choice about whether they want to drive or not, and our policy is to accept all children who are members of our community..."

British Parliament Passes Bill Authorizing Invocations At City Council Meetings

Law & Religion UK reports that on Wednesday in Britain the House of Lords gave final Parliamentary approval to the Local Government (Religious etc. Observances) Bill (full text). The bill, which now will be presented for Royal Assent, authorizes local governmental bodies to include in their meetings time for prayers or other religious observance or for observances connected with a religious or philosophical belief. It also provides that local authorities may support, facilitate or make arrangements to be represented at religious events or events connected with a religious or philosophical belief.  Apparently the bill is a reaction to a court ruling that town councils can open with an invocation, but only if it is not part of the formal meeting. (Background) (See prior related posting).  During the debate in the House of Lords (full text), Baroness Turner of Camden said:

A number of us who are secularists feel that our views have been somewhat bypassed. It is one thing to have prayers, but it is quite another thing to have prayers as part of an actual meeting.

Britain's Equality Commission Reports On Religion In the Workplace and Service Delivery

Yesterday Britain's Equality and Human Rights Commission released a report on its Consultation launched last year seeking evidence on religious discrimination and accommodation in Britain. The 218-page report, titled Religion or Belief in the Workplace and Service Delivery, reports on information received from nearly 2500 individuals and organizations. Here is an excerpt from the Commission's summary of key findings:

Some employees or service users stated that they had experienced no or few negative issues in their workplace or in receiving a service which they attributed to the view of employers or service providers that religion or belief was a private matter and should not be discussed in the workplace or the service.

Some employees and students stated that they had encountered hostile and unwelcoming environments.... The issues raised concerned the recruitment process, working conditions, including the wearing of religious clothing or symbols, promotion and progression, and time off work for religious holidays and holy days. Some reported that particular beliefs were mocked or dismissed in the workplace or classroom, or criticised unwelcome 'preaching' or proselytising, or the expression of hurtful or derogatory remarks aimed at particular groups....

Many participants were concerned about the right balance between the freedom to express religious views and the right of others to be free from discrimination or harassment. Specific issues raised included conscientious objection in relation to marriage of same sex couples and how to protect employees from harassment and discrimination by staff, customers or service users with a religion. There was a marked divergence of opinion about when it was desirable and appropriate to discuss religious beliefs with service users during the delivery of a service.

The Commission's press release on the report emphasized some of the concerns expressed by respondents. The report is discussed further at Law & Religion UK blog.

British Court Says Male Circumcision Cannot Be Equated With Female Genital Mutilation

A decision by a Family Court judge in Britain earlier this month tackled directly the argument that male circumcision should be equated with female genital mutilation and be banned just as female genital mutilation is.  In Matter of B and G (Children), (Family Ct., Jan. 14, 2015), the court found significant differences between the two procedures, saying:

in 2015 the law generally, and family law in particular, is still prepared to tolerate non-therapeutic male circumcision performed for religious or even for purely cultural or conventional reasons, while no longer being willing to tolerate FGM in any of its form....

FGM has no basis in any religion; male circumcision is often performed for religious reasons. FGM has no medical justification and confers no health benefits; male circumcision is seen by some (although opinions are divided) as providing hygienic or prophylactic benefits. Be that as it may, "reasonable" parenting is treated as permitting male circumcision.

UK Human Rights Blog has more on the decision. [Thanks to Law & Religion UK for the lead.]

Obamas Send Christmas Greetings

The White House today posted Weekly Address: Happy Holidays from the President and First Lady (transcript) (video). The President said in part:

... today, our family will join millions across the country in celebrating the birth of Jesus – the birth not just of a baby in a manger, but of a message that has changed the world: to reach out to the sick; the hungry; the troubled; and above all else, to love one another as we would be loved ourselves.

He also thanked American troops as the combat mission in Afghanistan comes to an end:

... as our troops continue to transition back home—back to our businesses, our schools, our congregations, and our communities—it’s up to all of us to serve them as well as they have served us.

The First Lady urged Americans to go to the JoiningForces website for more information on supporting troops, veterans and military families.

Meanwhile, The Independent reports that in Britain the Queen's annual Christmas message will be broadcast this afternoon. Channel 4's Alternative Christmas Message was given this year by British Ebola survivor William Pooley. The Queen is likely to praise aid workers fighting Ebola and is also likely to highlight this year's commemoration of the 100th anniversary of the start of World War I.

British Tax Tribunal: Company Can Assert Religious Rights As Alter Ego of Owner

In Exmoor Coast Boat Cruises Ltd. v. Commissioners for Her Majesty's Revenue & Customs, (UK FTT, Dec. 17, 2014), the United Kingdom First-Tier Tribunal Tax Chamber held that a business entity can assert religious liberty rights where it is the alter ego of a natural person (or possibly a group of persons) whose rights are being infringed.  At issue was whether Exmoor Coast, a company, solely owned by Matthew Oxenham, could claim an exemption from mandatory electronic filing of Value Added Tax returns. VAT regulations permit paper filing by any "practising member of a religious society or order whose beliefs are incompatible with the use of electronic communications...."

The court concluded that while the alter ego test was met, it was not shown that the electronic filing requirement interferes with Oxenham's manifestation of his religion or belief. His objections relate to the amount of CO2 created by the Internet and its impact on climate change.  However Oxenham was willing to use the Internet for some purposes.  The court concluded:

... it was [Oxenham's] belief that the internet should not be used save where he judged it economically necessary to do so.... [T]hat belief does not attain a level of cogency, seriousness, cohesion and importance such that it should be protected. This is because his belief ... is not so strongly held that he will make economic sacrifices for it; further, [Article 9 of the European Convention on Human Rights] cannot have been intended to protect a belief system which allows the practitioner to pick and chose when it suits him to adhere to his principles as that would amount to allowing people to pick and choose when they can be compelled to obey the law.

Law & Religion UK has more on the case.