Click here to view full article at www.lawandreligionuk.com The Supreme Court has ruled that it is no longer necessary for NHS Trusts to seek the permission of the Court of Protection in order to withdraw Clinically Assisted Nutrition and Hydration (CANH) from a patient who has a prolonged disorder of…
The House of Commons debates freedom of religion or belief
On 1 March, the House of Commons held a debate in Westminster Hall on freedom of religion or belief (FORB), introduced by Jim Shannon (Strangford) (DUP), Chair of the All-party Parliamentary Group for International Freedom of Religion or Belief, which – he pointed out, “speaks on behalf of those with…
Hospital Can Assert Ministerial Exception Defense To Suit By Chaplain
In Penn v. New York Methodist Hospital , (2d Cir., March 7, 2018), the U.S. 2nd Circuit Court of Appeals in a 2-1 decision held that a hospital "only historically connected to the United Methodist Church but still providing religious services through its pastoral care department" may invoke the ministerial…
Lee v McArthur: the Gay Wedding Cake revisited
In a guest post, Dr Michael Arnheim, Barrister at Law and Sometime Fellow of St John’s College, Cambridge, offers another view of Lee v McArthur & Ors [2016] NICA 29 and the forthcoming appeal. Introduction What is the point of yet another article on the “Gay Wedding Cake” saga? Just…
Law and religion round-up – 24th September
A fe excepts rom the Law and Religion Blog UK’s roundup: Doug Chaplin: Living comfortably: the fiction of a stipend? which Gary Alderson conveniently summarizes as “a blog post on the recent press reports that Church of England stipends are enough to live on basically pointing out they are, as…
Why the constitutional treatment of religion in Great Britain matters in religious disputes
Two high-profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer. Firstly, a Sikh couple were denied the opportunity to adopt a white baby by Adopt Berkshire, the Windsor and Maidenhead council-run adoption…
Law and religion round-up – 27th August
From Religion and Law Roundup (27 Aug 2017): cases and news related to: Brexit and the UK courts Data protection after Brexit Sparing the rod in Scotland? Triple talaq in India Charges for entry to C of E churches and cathedrals Click here to view full article at www.lawandreligionuk.com
From Law and religion UK – 25th June
The current week’s roundup of news from the UK (and a bit of the EU and even Texas) from lawandreligionuk.com. EU-UK Brexit talks The Queen’s Speech and the Great Repeal Bill The new Lord Chancellor General Synod Papers Independent report on handling of Peter Ball case Caste discrimination The Vatican,…
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…
Law and religion round-up – 21st May
From Law and Religon Roundup: General Election 2017 The three main UK parties’ manifestos are now published: Conservative, Labour and Liberal Democrat. Unsurprisingly, there is little about “religion” in any of them; however, the Lib Dems have said that, if elected, they will introduce opposite-sex civil partnerships, while the Tories…
Law and religion round-up – 14th May
A few items from Law and Religion UK: “Reciprocal heresy trials”, an episcopus vagans and Matthew 6:3 Humanist marriage in Northern Ireland Ireland, blasphemy and Stephen Fry Swiss canton says “no” to burqa ban Ritual slaughter, infant circumcision, hijabs and burkinis – again Ecclesiastical Law Journal Read these and more…
The CJEU ruling media storm is much ado about nothing
The case sought a preliminary ruling on the question of whether a blanket ban on the wearing of religious symbols by a private employer would amount to direct discrimination under the meaning of the Employment Directive. The Church of England has issued a statement expressing its grave concern over the…
Law and religion round-up – 22nd January
From the www.lawandreligionuk.com wekkly roundup of law and religion news: Brexit Northern Ireland elections The Charity Commission and the Jehovah’s Witnesses Assisting suicide: the DPP’s policy Burial rights reform Unsafe memorials in cemeteries The UKSC Brexit judgments: R (Miller) etc
Gilmour v Coats Revisited: a study in the law of public benefit
This article [1] revisits the case of Gilmour v Coats [1949] AC 426, [1949] UKHL 1. It is a timely moment to revisit the case because there is doubt about the requirement of public benefit for charities with purposes to advance religion. The case deals with the issue of private religious practice and the extent to which a religious organisation needs to engage with the public.
Christian artists could be jailed for refusing make same sex wedding invitations
A pair of Arizona-based Christian artists is challenging the local law that threatens to fine and imprison them for refusing to make same-sex wedding invitations. The ordinance also prevents the business owners from publicly explaining their convictions or even defending their decision lest they face jail time for that as…
Expropriated church property: Lupeni in the Grand Chamber
In 1948, the Greek-Catholic Church of Romania [Biserica Română Unită cu Roma, Greco-Catolică] was dissolved by Nicolai Ceaușescu and its property handed over to the Orthodox Church by decree. After the fall of Ceaușescu in 1989, Legislative Decree No. 126/1990 was passed to provide that the legal status of property…
News: Christianity and Law (UK)
Christian Employee Should Not be Fired For Answering a Question Mbuyi v Newpark Childcare (Shepherds Bush) Ltd [2015] ET 3300656/2014. A Tribunal held that the claimant had been discriminated against when she was fired for a supposed homophobic remark she made to a lesbian co-worker on the ground that she had…
New Web Resources on Christianity and Law
Websites Religion Going Public is a new blog posting about “contemporary religion in the public sphere and aims both to inform and participate in on-going public debates relating to religion and society.” It is a collaboration of three research collaboration funded by The Research Council of Norway’s SAMKUL program. Visit the…
Current news and cases in law and religion (UK)
A few links that caught my eye this week relating to law and religion in the UK. Nicklinson & Lamb v United Kingdom. Assisted suicide case and the compatibility of the UK law and Article 8 of the ECHR (right of respect for “private and family life”). See R (Nicklinson) v Ministry of…
Center for Law and Religion (Cardiff University)
There are only a handful of whole organizations devoted to the study of law and religion in the US and the UK. Once such is the Law and Religion Scholars Network is hosted by the Centre for Law and Religion at Cardiff University. The Centre was the first such organisation in the UK…
“Not under man, but under God and law”: unconstitutional in courtroom? Lord Coke, history, and the state and church
Here is a story that combines almost all my areas of interest: law in the US, law in the UK, history, and religion. Sir Edward Coke (pronounced “cook”) was a barrister and a judge in 17th century England, where he both represented and judged some of the most famous cases in common…
10 Social Advantages to having a law degree
I don’t usually post top ten lists, or humor, but it is Christmas. So here is some light amusement for the week of Christmas. Here are ten social advantages to having a law degree, courtesy of Above the Law: You’ll Be A Lot Of Fun At Parties. Cops LOVE Hearing About Your Rights.…
Topic Survey: Crime Control and Due Process models
This is a brief survey I did as an orientation to the subject for a project I am working on. The “Crime Control” and “Due Process” models of criminal justice were first articulated by the American scholar Herbert Packer, in an article entitled “Two Models of the Criminal Process.”[1] Packer did not…
Religion, the Slave Trade Act 1807 and the 13th Amendment
Slavery in the British and American countries was an issue that found religious people arguing both sides. Biblical texts were used to argue both for and against; this usually means that the biblical texts are being misused. The modern social and cultural contexts are so radically different. Even in the Roman Empire,…
Interracial Marriage in the UK and the US
Marriage is both a religious and a legal act in most cases, whether we are speaking of a civil ceremony, a religious ceremony, a common-law marriage, or so on. While there have been laws at various times and places throughout history preventing interracial marriages, these normally seemed to have derived from social…