Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

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Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

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3PB, 1st July 2020

Source: www.3pb.co.uk

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

100 years on the Statute Book but only one contested case…until now…. – Tanfield Chambers

Posted June 4th, 2020 in charities, Christianity, enfranchisement, leases, news, trusts by sally

‘There was no dispute about the facts. The Claimant church is a charitable company limited by guarantee, which took a 30 year lease of a former industrial unit from the Defendants and converted it into a Church and community centre. That was the permitted use under the lease.’

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Tanfield Chambers, 22nd May 2020

Source: www.tanfieldchambers.co.uk

Religious leaders jailed for multiple counts of rape and child sexual abuse – Crown Prosecution Service

‘A church pastor has been jailed today (6 March 2020) for multiple (24) counts of child sexual abuse and rapes.’

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Crown Prosecution Service, 6th March 2020

Source: www.cps.gov.uk

Asylum, Iran and “genuine conversion”: PS (Christianity – risk) – Law & Religion UK

Posted February 27th, 2020 in asylum, Christianity, Iran, Islam, news, religious discrimination by tracey

‘What is “genuine conversion” to Christianity for the purposes of an asylum claim by a fugitive from Iran? In PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC), the Immigration and Asylum Chamber of the Upper Tribunal considered the current Country Guidance on asylum-seekers from Iran in the light of two questions: whether the situation in Iran for “ordinary” converts to Christianity had changed since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082; and whether there was a real risk of persecution for persons who had engaged in Christian activities abroad, regardless of whether or not they held a genuine religious belief in Christianity.’

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Law & Religion UK, 27th February 2020

Source: www.lawandreligionuk.com

Pickets, prayers and protests: using anti-social behaviour legislation to curb protest – UK Police Law Blog

‘Two recent cases have required the High Court and Court of Appeal to consider in detail the use by local authorities of different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) to limit or prevent protests that have contained a strong religious or moral element. To what extent are the courts prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words “anti-social behaviour” are heard? The answer, in two words, is “very prepared”, judging by the decisions in the cases of Dulgerhiu v London Borough of Ealing [2019] EWCA Civ 1490 and Birmingham City Council v Asfar [2019] EWHC 3217 (QB).’

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UK Police Law Blog, 27th January 2020

Source: ukpolicelawblog.com

Burford school agrees to provide alternative to Christian assembly – BBC News

Posted November 21st, 2019 in Christianity, equality, human rights, news, religious discrimination, school children by tracey

‘A couple who threatened to take a school to the High Court over its religious assemblies have won their fight for alternative activities for their children.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Exhumation and the Permanence of Christian Burial: a review of recent consistory court judgments – Law & Religion UK

Posted November 13th, 2019 in burials and cremation, Christianity, ecclesiastical law, news by sally

‘The presumption of the permanence of Christian burial is well-known, as are the leading authorities on the test for granting a faculty for exhumation: In Re Christ Church Alsager[1] in the Province of York and In Re Blagdon Cemetery[2] in the Province of Canterbury. There have been a number of legislative[3] and common law[4] developments post these judgments, but they nevertheless remain the principal authorities on the topic.’

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Law & Religion UK, 12th November 2019

Source: www.lawandreligionuk.com

First arrest and prosecution for praying in public case collapses after bungled police investigation – Daily Telegraph

‘The country’s first arrest and prosecution for praying in public has collapsed following a bungling police investigation.’

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Daily Telegraph, 31st October 2019

Source: www.telegraph.co.uk

Healthcare-workers and transgender clients: Mackereth – Law & Religion UK

‘In Dr David Mackereth v The Department for Work and Pensions & Anor [2019] ET 1304602/2018, Dr Mackereth had been recruited by Advanced Personnel Management Group (’APM’) as a Health and Disabilities Assessor (‘HAD’) on behalf of the DWP [3]. He was contracted to assess individuals on behalf of the DWP who were contemplating, undergoing or had undergone gender reassignment. However, as a result of his Christian beliefs he refused, in conscience, to refer to clients using the pronoun of their choice – as the DWP required. It later became apparent the issue also extended to styles and titles of address [8]. He was suspended and, ultimately, sacked [17].’

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Law & Religion UK, 6th October 2019

Source: www.lawandreligionuk.com

Christian doctor who refused to call transgender woman ‘she’ loses employment tribunal – The Independent

‘A doctor who refused to call a transgender woman “she” because of his Christian faith has lost his employment tribunal.’

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The Independent, 3rd October 2019

Source: www.independent.co.uk

Inquiry – ‘Positions of Trust’ within faith settings – Law & Religion UK

Posted August 16th, 2019 in child abuse, Christianity, clergy, inquiries, news, parliament, sexual offences by tracey

‘On 15 August, the All-Party Parliamentary Group (APPG) on Safeguarding in Faith Settings issued a call for evidence for its second Inquiry on whether there should be a change in legislation relating to “Positions of Trust” within faith settings.’

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Law & Religion UK, 15th August 2019

Source: www.lawandreligionuk.com

Statutory school worship – managing post-Christendom pluralism – Law & Religion Uk

Posted August 5th, 2019 in Christianity, Church of England, education, news, school children by tracey

‘In this guest post, Dr Jonathan Chaplin, an independent scholar specialising in political theology and a member of the Divinity Faculty of Cambridge University, looks at some of the background relating to the forthcoming High Court challenge to compulsory religious assemblies in schools.’

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Law & Religion Uk, 5th August 2019

Source: www.lawandreligionuk.com

Catholic priest jailed for sexual abuse at Lancashire seminary – Crown Prosecution Service

‘A Catholic priest has been sentenced to 18 years’ imprisonment for sexually abusing two teenage boys at St Joseph’s College in Upholland in the 70s and 80s.’

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Crown Prosecution Service, 30th July 2019

Source: www.cps.gov.uk

Christian preacher accused of racism gets wrongful arrest payout – The Guardian

Posted July 29th, 2019 in Christianity, freedom of expression, Islam, news, police, wrongful arrest by sally

‘A Christian street preacher who had his Bible confiscated as he was handcuffed by police has been awarded £2,500 for wrongful arrest.’

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The Guardian, 28th July 2019

Source: www.theguardian.com

Atheist parents take primary school to court as they say assembly prayers breach children’s human rights – Daily Telegraph

‘Atheist parents are taking their children’s primary school to the High Court, claiming that biblical re-enactments and praying in assembly are a breach of their human rights.’

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Daily Telegraph, 28th July 2019

Source: www.telegraph.co.uk

Clergy Discipline – Rebuke administered in “an unusual case” – Law & Religion UK

‘On 14 May 2019, the Bishop’s Disciplinary Tribunal for the Diocese of Carlisle heard a complaint against the Revd Canon Cameron Butland by the Archdeacon of Westmoreland and Furness, alleging that the Respondent had been neglectful or inefficient in the performance of his duties. Since the misconduct was admitted, the only issue before the Tribunal was that of penalty. The Tribunal determined that the appropriate penalty was one of rebuke.’

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Law & Religion UK, 23rd July 2019

Source: www.lawandreligionuk.com