challenging religious privilege Bulletin Spring 2013

Issue 53 www.secularism.org.uk European Court rejects extension of religious privilege he European Court of Human Rights has reached LOST LOST Tits decision in the highly Shirley Gary anticipated case of Eweida and Chaplain McFarlane Others v . These were billed as the most significant rulings on freedom of conscience and religion in many years. They raised important issues in relation to the right to religious expression in the workplace in the UK and the reconciliation of freedom of conscience and religion with other rights, most notably freedom from discrimination. LOST WON The court dismissed the three Lillian Nadia Ladele Eweida cases that would have been the most damaging if they had been upheld. This included both cases involving Christian employees refusing to provide services to gay people equally. They were former Relate counsellor Gary McFarlane and civil registrar Lillian Ladele. Nurse Shirley Chaplin also lost, on health and safety grounds, the absolute right to wear a The court dismissed the three cases that would have been the most damaging if they crucifix at work. had been upheld The only case upheld was that of Nadia Eweida – the British significance of Eweida’s ‘victory’ is all of the cases. These include a Airways check-in clerk who had not reduced to the need for employers former archbishop, a number of been allowed to wear any jewellery to think carefully about whether they bishops and a well-funded American (including a crucifix) over her uniform could make an accommodation. evangelical organisation. We believe while working at the check-in desk. That BA had already accommodated the NSS to be the only organisation However, the dismissal of Chaplin’s for minority faiths, and had indeed to have been given permission to case demonstrates that the “right already backed down and changed intervene to make the case that all to wear a cross” at work is still not its uniform policy to accommodate these cases should be dismissed. absolute, and that on occasions Eweida’s demands, somewhat We remain convinced that had any there may be a perfectly legitimate undermined the defence’s case. of the other three cases been lost it reason for employers to interfere There were a large number of would have led to the creation of a with a Christian’s — or anyone else’s interveners coming from a religious hierarchy of rights in human rights — right to manifest their beliefs. The perspective and generally supporting continues on page 2 3

Victory for free speech as Major breakthrough in Government agrees to reform campaign for equality in Also in this issue: section 5 page 2 Scouts and Girl Guides page 4 7“European Court” continued law, led by religion. This could have made it possible for guest houses to display “no gays” signs, not unlike the Feel free to insult me! “no blacks, no Irish, no dogs” of the fifties. It appears from the judgement, Government agrees to which specifically mentioned the NSS, that our intervention was influential. Indeed, the Court backed our central argument that discrimination law is reform section 5 not merely about protecting service provision but also aims to protect the In an important victory for freedom dignity and equal citizenship of gay of expression, the Reform Section and lesbian individuals. 5 Campaign has succeeded in We are pleased to have had the persuading the Government to opportunity to make this contribution remove the word “insulting” from to protect UK equality legislation, Section 5 of the Public Order Act which is probably the most 1986. comprehensive in Europe and the In January, The Home Secretary common-law world. The judgement told the House of Commons that applies throughout Europe. the Government will accept a Lords amendment to remove “insulting” which passed by 150 Rowan Atkinson makes a persuasive votes to 54, despite opposition appeal for reform of Section 5 in the from the Conservative and Labour House of Lords frontbenches. It was the lowest pro- government vote in this Parliament. the Reform Section 5 Campaign Theresa May told the House that led by the Christian Institute and the Director of Public Prosecutions, the National Secular Society. Major having looked back at past cases, supporters included Rowan Atkinson could not identify anywhere the and . Keith Porteous Wood discusses the ruling on BBC News behaviour leading to a conviction The change to the law will come could not be described as abusive as into effect when the Crime and Courts The announcement prompted a well as insulting. He advised the Bill completes its passage through media storm with blanket coverage for Government that the word Parliament. us on BBC, ITV and Sky News with the “insulting” could safely be removed We thank all of our members president giving 25 radio interviews without the risk of undermining that took the time to support this and even one on Russian TV. At one the ability of the CPS to bring campaign. Together we’ve achieved stage a media team of five struggled prosecutions. an important and significant victory to meet the demand for interviews. This followed intense lobbying by for freedom of expression. Scottish Catholic adoption agency faces loss of charity status after NSS complaint The Charity Regulator in Scotland dissuaded by such discrimination Our complaint follows a number has told St Margaret’s Children from entering the adoptive pool”. of Catholic adoption agencies and Family Care Society in The NSS complained largely in England severing their links Glasgow that it will lose its because of the latter point, and as with the Church or closing down charitable status if it doesn’t lift the majority of the funding comes because they were not prepared its ban on applications from gay from public money. to follow the law. Numerous couples. We accept entirely that the appeals failed, which will have An investigation concluded Church is entitled to pursue any cost hundreds of thousands of that such discrimination means lawful doctrine in its worship. But pounds in legal fees which could that the charity does not fully running adoption agencies for fees, otherwise have gone into funding comply with the Equality Act. The however, brings with it obligations adoption. Regulator also ruled that it failed under charity and equality law The Scottish government has the charity test because “persons designed to protect both the voiced regret over the Regulator’s in same sex couples who might children and potential adopters. action, but – significantly – has not be suitable adoptive parents The Regulator has concluded, as disagreed with the legal arguments and serve the best interests of we did, that this charity was not underpinning them. The Equality children are simply not considered following the law, and appears so Law was passed in Westminster for by the charity and may be far to be unwilling to do so. the whole of the UK.

2 Bulletin Spring 2013 Parliamentary Bill to restrict NSS contribute ‘religious courts’ supported by peers to BBC review The European Commission and The Bill was given a second on impartiality the House of Commons have been reading on 19 October, almost reluctant to tackle anything that might unopposed and with some very We have given evidence to the restrict, however appropriately, the powerful speeches given by the many BBC’s impartiality review of its practices associated with minority enthusiastic supporters. ‘breadth of opinion’. In a formal religions, such as the growth in the As we expected, however, the submission prepared by NSS sharia ‘law’. Thankfully, peers in the Government is not keen to open president Terry Sanderson, the House of Lords have taken a much up this can of worms, albeit it did NSS has accused the BBC of more robust stance. Seventy of them acknowledge that it was looking a lack of impartiality when it have expressed overwhelming support at another related sensitive area: comes to non-religious voices for the Arbitration and Mediation Muslim marriages that are not and of according religion a kind Services (Equality) Bill to limit the registered and therefore not valid in of fawning respect that no other power of self styled ‘religious courts’. civil law. section of society is granted. The Bill specifically prohibits them Further progress for the Bill is In addition to the formal from acting in a discriminatory way unlikely without more independently- submission Keith Porteous – often to the detriment of women compiled research about the extent Wood and Terry Sanderson and children. The Bill was introduced of the problems. Our latest initiative held discussions with former by Baroness Cox and supported therefore is for the establishment of broadcasting executive Stuart strongly by the NSS with the help of an official House of Lords committee Prebble, who is leading the council member Anne Marie Waters to examine the issues which the Bill review, which will focus on the and executive director Keith Porteous seeks to address. BBC’s news, current affairs and Wood. factual output. NSS urge greater protection of women’s human rights at EU President’s meeting The NSS again participated in the annual EU presidents’ death of Savita Halappanavar, the lunch for leading non-religious and philosophical woman who died in an Irish hospital organisations, along with the recently elected president of after repeatedly being refused an the European Humanist Federation, Pierre Galand, and the abortion that would have saved her president of the European Freethinkers, NSS member Alan life. Frommer. Keith pointed out that one of This year’s NSS delegation comprised of vice president the most striking features of the Elizabeth O’Casey and Keith Porteous Wood. The difference in attitudes between topic which guests were invited to address around the the older and the younger in much presidents’ table was ‘Intergenerational Solidarity: Setting of Europe is in their attitude to the parameters for Tomorrow’s Society in Europe’. All religion — and arguably even more NSS vice president eyes were on Keith Porteous Wood when he managed to importantly — to sensitive social Elizabeth O’Casey steer our contribution to call for EU intervention over the issues. On these, younger citizens tend to be very much more liberal than their elders. Opinion polls reveal that only 4% of Catholics under 40 years old think that there should be no abortion, ever. Nevertheless, that is the stance their Church so strenuously campaigns for, including in the European Parliament. The tragic death of Savita painfully highlights the awful consequences of that position when it leads to laws than can deny all women, not just Catholics, the right to abortion. Keith told the EU Presidents that it was a scandal that this death could happen in Europe and that Ireland’s laws could deny women’s human rights in this way. He called on the EU to apply pressure on Ireland to amend its laws so as not to breach “the right to life” Keith Porteous Wood with European Union leaders enshrined in Article 2 of the EU Charter of Fundamental Rights.

Bulletin Spring 2013 3 Major breakthrough in campaign for equality in Scouts and Girl Guides

Both the Scouts and the Girl Guides more negative publicity for the Scouts, have launched consultations to ask in which we were widely quoted. On their members, and the wider public, the back of that publicity, we launched whether an alternative non-religious a petition on the change.org platform version of the Promise should be calling on the Scouts to welcome non- developed for those who feel unable believers. to make the existing commitment. Less than a month later, the Scouts In its present form, the Scout announced a consultation designed to Promise requires scouts to “to do my do just that. duty by God”. The Girl Guides promise Derek Twine, who retires as Scouts includes the line “to love my God”. The chief executive in April after 16 years current wordings act as a religious at the helm, wrote a spirited article in barrier to full membership to a The Telegraph arguing for equality for significant proportion of young people the non-religious, writing: “No other – and potential volunteers. group is excluded from the Scouts The Scout Association – which is on the grounds of religion or belief. not a religious charity – has made ... What’s the point of making some efforts to accommodate followers of people feel hypocritical or dishonest many different religions, and in recent if they take a Promise with which years we’ve been putting pressure on they fundamentally disagree?” them to consider doing the same to Likewise, the UK Chief welcome people of no religion. Commissioner demonstrated his The campaign has been a long one. change of attitude in a YouTube video, We met with Derek Twine, the chief stating: “perhaps now it is time for a executive of the Scouts, five years ago change” suggesting it was the “right to discuss this issue. That meeting thing to do”. didn’t yield any positive result, at Their consultation closed on least in the short term, but perhaps 31 January. We encouraged our started a process of questioning and members and supporters to take re-evaluation for them. part and hope that it will result in a Last year we increased the less discriminatory, more inclusive “What’s the point of making some people feel pressure on the Scouts by publicly scouting movement that welcomes challenging Chief Scout Bear Grylls all youngsters equally – regardless of hypocritical or dishonest if they take a Promise when he claimed in the media that their religious beliefs, or indeed, lack scouting was for everyone regardless of them. with which they fundamentally disagree?” of their religion, ethnicity or belief. Responding to the NSS, the Scouts UK Chief Commissioner insisted that the “duty to God” was a “fundamental premise”. Girlguides Then, in October 2012, came the case of George Pratt from Somerset The Guides have always been less supported the core values of which perfectly highlighted the intransigent that the Scouts on tolerance, justice, respect and co- unfairness of the Scout Association’s the Promise issue. operation, we argued that there position. Despite attending the local In 2011 we were told by the Girl was no need to contextualise Scout troop that meets opposite Guides leadership that the current these in a religious framework. It his home for the past ten months, promise which includes “to love appears we were pushing at an 11-year-old George was barred from my God” would be reviewed open door, as just a month later full membership because he did not when “the time is right”. With the Guides and Brownies also believe in God and didn’t want to the appointment of new a Chief announced their consultation. make the Scout Promise in its present Executive in November last year, In an accompanying FAQ, the form. He was told that because of we wrote urging her to consider Guides pointed out that guiding his atheist views, he would not be the introduction of a secular oath. has always been open to girls welcome to join or even continue Pointing out that we entirely of all faiths and none, stating: attending meetings. This attracted yet

4 Bulletin Spring 2013 European Commission to investigate Major breakthrough in campaign for NSS complaints about discrimination against non-religious teachers The European Commission has A similar complaint of ours agreed to investigate complaints concerning the Education equality in Scouts and Girl Guides submitted by the NSS concerning (Scotland) Act 1980 relating to whether UK legislation around state discrimination of staff employed in funded ‘faith’ schools breaches “denominational” (in effect Roman European employment laws in Catholic) schools is also being relation to discrimination on the investigated by the EC. grounds of religion or belief. As well as the law itself, our The complaints centre on The complaint drew attention to a School Standards and Framework recent case where a teacher who Act 1998 (SSFA) and the extent had been baptised as a Catholic to which it permits discrimination but had become non-practising had against staff employed in state been dismissed from a school in funded ‘faith’ schools. The NSS Glasgow. Because of her baptism, has long argued that the level of the diocese had only been prepared discrimination permitted in ‘faith’ to accept a reference from her local schools against non-religious parish priest who declined to give it teachers and those not of the faith because of her not practising. of the school goes beyond that The Church had even claimed which is permitted by European in the Employment Tribunal that

Danny Lawson/PA Archive/Press Association Images Directive 2000/78/EC, which “there was no such thing as a non- establishes a general framework for practising Roman Catholic”. Her equal treatment in employment and claim of indirect discrimination was occupation. dismissed by the Tribunal. Alistair In Voluntary Aided religious McBay contacted and met with the schools in England & Wales, teacher who kindly consented to governing bodies can apply a our using her case to support our religious test in appointing, compaint, knowing that it might remunerating and promoting all not change her own outcome but teachers. In Voluntary Controlled might prevent the same appalling religious schools, up to one fifth of treatment befalling others in the teaching staff (known as ‘reserved future. teachers’) may be the subject of We have also made a complaint such discrimination. about the equivalent law in Under EU law, discrimination . The Commission “What’s the point of making some people feel is only justified if the religion or has told us that it was already belief of a teacher in the school investigating this and would take hypocritical or dishonest if they take a Promise constitutes a genuine, legitimate our complaint into account. and justified occupational The United Kingdom Government with which they fundamentally disagree?” requirement having regard to the will now be approached for its school’s religious ethos. reaction to our complaints. Girlguides National Trust amends controversial “we have never been a Christian creationism exhibit organisation.” The National Trust has amended an exhibit at its Giant’s Causeway visitor Unlike the scouts who are centre which gave credence to the creationist perspective that the earth was considering the introduction of created around six thousand years ago. an additional atheist oath, the A statement issued last October by the National Trust said: “Having taken on Girl Guides appear to be moving board a wide range of feedback, and commissioned interpretive specialists to towards one inclusive secular develop a suitable reflective piece, the National Trust has now amended the promise for all Guides. This existing exhibit.” consultation closes on 3 March. We drew public attention to the previous exhibit after being contacted by Please take part and do what members in Northern Ireland. Whilst the exhibit still makes reference to you can to ensure Girlguiding creationist views, it at least now makes clear that the scientific evidence, UK becomes true to its policy of supported by the National Trust, completely contradicts the creationists’ belief being “fair, open and inclusive”. that the Earth was created around six thousand years ago. A big thank you to all supporters who got involved in this campaign!

Bulletin Spring 2013 5 NSS challenge plans Government to give Christians confirms school privileged access to worship guidance community schools The NSS has assisted local campaigners opposing can be ignored proposals that would indirectly apply discriminatory faith- based admissions criteria to non-religiously designated The Department for Education has confirmed schools. that its own controversial guidance on Collective Reigate Priory Junior, a community school in Surrey, and Worship, long opposed by the NSS, can now be Tudor Grange Academy, a secondary school in Solihull, ignored by schools. The guidance, published in also without a religious character, are both proposing to 1994, stipulates that worship in schools “should change their admissions criteria to give priority to children be concerned with reverence or veneration paid attending two religiously selective Church of England to a divine being or power.” In a positive step, the primary schools, by naming them as ‘feeder schools’. DfE has said it is now leaving it up to schools to As neither school has been designated a ‘faith’ school, interpret the law as they see fit. they do not benefit from the wide privileged exemptions While we very much welcome the Government’s from equality law granted to schools of a religious apparent confirmation of the irrelevance of this character. piece of guidance, we will again be pressing the Having taken legal advice, NSS campaigns manager Government to go further and consider abolishing Stephen Evans has written to Surrey County Council and the antiquated law that requires all schools in the Executive Principal at Tudor Grange Academy, warning England & Wales to provide a daily act of worship them that the plans are therefore likely to be unlawful, of a ‘broadly Christian’ nature, as we did during amounting to discrimination on grounds of religion and the 2011 Education Bill. belief. He has also raised the matter with the Department of Education. NSS highlight threat to homeowners from archaic ‘church tax’ People could soon find their of the CofE Archbishops’ Council. Porteous Wood have discussed the homes and property worthless if The farm had to be sold to pay matter with the Minister and at it becomes subject to an ancient the repairs and legal costs which length with the head of civil law at liability requiring the owner to totalled nearly £500,000. the Ministry. contribute to the upkeep of the Under a 2002 law, chancel repair Keith has proposed that law local church. obligations will come to an end for be eventually changed to phase Chancel repair liability purchasers of land from 13 October out chancel repair liability, but arose from the dissolution of unless the Church has noted its meanwhile that landowners the monasteries and is still interest in the particular property be given the option to buy out enforceable, despite not being on the register at HM Land their liability to the Church for a mentioned in deeds and not having Registry by then. So far, 8,000 proportionate cost – say 1% of the been collected for centuries. The properties have been registered, value of the property. Outrageously, liability (to the Church of England and many properties will become the PCC can currently claim the and the (Anglican) Church in virtually worthless. entire chancel repair costs from Wales) potentially affects the At our suggestion, NSS honorary one landowner, leaving them to landowners of 3.5 million acres of associate Nia Griffith MP drew recover, if they can, the amounts land in England and Wales. attention to this in a debate on the due by others. Under Keith’s The problem was virtually topic in the House of Commons. proposal, the Church would lose unknown until the notorious In winding up the debate, this right. Wallbank case in 1990 when Parliamentary Under-Secretary Keith has also sent a copy of his Aston Cantlow parochial church of State for Justice, Helen Grant, proposals to the Secretary General council (PCC) demanded chancel made it clear that the Government of the Archbishops’ Council and repairs from the owner of a local would not contribute to any the Church’s representative in the farm. The case went to the House compensation for victims. Nia Commons, Sir Tony Baldry MP. of Lords, with the encouragement and NSS executive director Keith

6 Bulletin Spring 2013 Secularism defended during Lords debate on religion The Liberal Democrat peer Baroness Flather, who declared herself as Falkner of Margravine, who has a secularist, joked that she was recently become an Honorary “pleased that the noble Baroness, Associate of the NSS, has given a Lady Falkner, put in a word or two spirited defence of secularism during that did not quite pass for praise of an otherwise largely deferential religion.” debate about the role of religion in Winding up the debate, the Minister public life. for Faith and Communities, Baroness We were delighted that she offered Warsi, again stressed the “vital role” to speak to offer some alternative religion plays in British society. To views, which we were happy to underline the importance attached discuss with her. She clearly attracted to religion by the Government she peers’ attention when she observed then went on to point out the vast that: amounts of money they are spending “Separating religion and state Baroness Falkner of Margravine on various interfaith projects. enables those of all religions Lady Warsi said the Government and none to participate as equal bishops the right to sit.” was committed to maintaining the citizens. The fight for that equality, While Lady Falkner accepted that status of religious education as a which we now take for granted, religions have just as much right compulsory subject that all pupils has been fought over hundreds to express their views as anyone must study, and to the provision of of years by non-conformists, else, their views should not be given collective worship in schools, and Catholics, Jews, and non-believers. greater weight than anyone else’s in made the obligatory dig at our council In fact, in the 1880s the founder framing public policy and law. She prayers judicial review. of the National Secular Society, the observed that as society becomes She concluded: Liberal MP Charles Bradlaugh, was more multi-religious the importance “When I first set the tone for this obstructed from taking his elected of secularism is becoming more Government’s faith agenda in 2010, seat in [the Commons] four times widely understood; separating declaring that we would “do God”, because of his non-belief, and religion and state enables those of all many warned that this was something was responsible for the Oaths Act religions and none to participate as that a government Minister should not 1888 which ended this affront. We equal citizens. say. Two years on, I am heartened to take the Bishops’ Bench rather for She concluded that “religions see that so many Ministers have got granted as something very normal, should not have privileged positions behind this agenda, and our actions but, in international terms, it could to restrict others’ freedoms – demonstrate the importance that we hardly be less so. We sit in the only something that they do far too often”. attach to the role of religion in British Parliament in the world that gives Honorary Associate Baroness society.” Successful re-launch for Lawyers Secular Society

The Lawyers Secular Society has successfully re-launched with NSS member Charlie Klendjian taking over the secretarial role from LSS founder and former NSS vice president, Carla Revere. David Wolfe QC, who acted for the NSS in our High Court council prayers victory, spoke at the re-launch event, where senior legal professionals discussed ways in which the LSS could help to promote progressive law and policy making that advances equal rights for all. Further meetings have been exceptionally well attended and interest in the LSS is mushrooming following a supportive article in a professional magazine. A series of future meetings is being planned. The LSS is open to barristers, solicitors, legal academics, legal professionals and law students, either religious or non-religious, who are ‘committed to secularism’. To find Charlie Klendjian and Sundas Hoorain of the Lawyers Secular out more visit the website at www.lawyerssecularsociety.org Society

Bulletin Spring 2013 7 NSS welcomes new honorary associates Baroness Geoffrey Robertson QC Dr Julian Huppert MP Falkner of Geoffrey Robertson is founder and Julian Huppert Margravine head of Doughty Street Chambers, was elected as Kishwer Falkner one of the UK’s leading human Liberal Democrat is a Liberal rights practices. His book the Case MP for Cambridge Democrat of the Pope in 2010 with a politician and helpfully included majority of 6,792. Life Peer. She is authoritative In Parliament the lead Liberal confirmation of the Julian has Democrat Executive Director’s championed the Spokesperson assertions at the cause of science and evidence-based for Foreign UN Human Rights policies. Julian has tabled an Early Affairs in the House of Lords. Born in Committee that the Day Motion in Parliament which called Pakistan, and after living and working Vatican had broken, on the Government to repeal the in the Middle East, Lady Falkner in relation to child requirement for compulsory worship moved to the UK in the late seventies. abuse in Roman Catholic institutions, in schools and to encourage schools She recently gave a spirited defence multiple (actually six) Articles of to hold educational assemblies that of secularism during an otherwise the UN Convention on the Rights of will include all children. He also largely deferential House of Lords the Child. His latest book, Mullahs lent his support to the successful debate about the role of religion in Without Mercy, explores disturbing campaign to reform Section 5 of the public life. questions about Iran’s potential for Public Order Act. acquiring the bomb.

Thanks Join us for the presentation of the 8th Irwin Prize for Thank you to the volunteers and contributors who work alongside us on our campaigns, in the office and at events. Particular thanks go to: Secularist Bradley Davis of WhiteLight for graphic design Claudine Baxter for her work in the of the year office Charlie Klendjian for assisting with 1pm Saturday 23 March, the Lawyers’ Secular Society Sven Klinge for photography central Shaun Joynson for assistance with event management Barry Thorpe Book your tickets for the premier for research work secular event of the year! Tickets priced £45 – includes Bulletin three-course lunch Available at www.bit.ly/IrwinPrize Issue 53 Spring 2013 Tickets also available by sending a cheque made National Secular Society payable to the National Secular Society to: 25 Red Lion Square, NSS, 25 Red Lion Square, London WC1R 4RL. London WC1R 4RL Telephone: (020) 7404 3126 Email: [email protected] www.secularism.org.uk Executive Director Keith Porteous Wood fcca Campaigns Manager Stephen Evans

8 Bulletin Spring 2013