Overview of religious freedom in the United Kingdom
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The right to freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character, and there is no state church for the whole kingdom.
In 2023, the country was scored 4 out of 4 for religious freedom.[1]
Laws guaranteeing freedom of religion
European Convention on Human Rights
The ECHR guarantees in Article 9 that subjects will have:
The right to freedom of thought, conscience and religion this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance[…] The freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Human Rights Act
The right is given in the United Kingdom by s. 1 ss. (1)(a) of the Human Rights Act 1998 (HRA), as the "right and fundamental freedom".[2]
United Nations General Assembly
In Article 18 of the International Covenant on Civil and Political Rights, which was adopted by the United Nations General Assembly in resolution 2200A (XXI) on 16 December 1966, the UN resolved that:
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice or teaching.
The United Nations Human Rights Committee, a subsidiary body of the General Assembly, also affirmed in General Comment 22 on July 30, 1993, that the right to freedom of religion applies to unconventional or extra-institutional religions, as well as atheist or anti-clerical beliefs:
Article 18 [of the International Covenant on Civil and Political Rights] protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions.
Monarchy
The Act of Settlement 1701 decrees that the monarch of Great Britain (later the United Kingdom) "shall join in communion with the Church of England". This act was specifically designed to prevent a Catholic monarch from ascending to the throne, but in effect discriminates against all religions other than Protestantism. Members of the Royal family in line of succession who married a Roman Catholic (though not adherents of other denominations or faiths) were excluded from the succession. Under the provisions of the Succession to the Crown Act 2013, marrying a Roman Catholic no longer disqualifies a person from succeeding to the Crown; however, the provision of the Act of Settlement requiring the monarch to be a Protestant continues unrepealed.[3]
Churches with special status
Church of England
In England, the state church is the Church of England, and the Supreme Governor of the church is the British Monarch. As already mentioned, the monarch is required to "join in communion with the Church of England". As part of the coronation ceremony, the monarch swears an oath to "maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England" before being crowned by the senior cleric of the Church, the Archbishop of Canterbury. All clergy of the Church swear an oath of allegiance to the monarch before taking office.
Parliament has the authority to govern the Church of England, but since 1919, it has generally delegated this authority to the Church's General Synod (formerly known as the Church Assembly). Parliament retains the ability to veto measures of the General Synod or Church Assembly; this rarely invoked power was used in 1927 and 1928 to prevent the adoption of a revised prayer book. Measures also require royal assent.[4]
The appointment of bishops and archbishops of the Church falls under the royal prerogative. In current practice, the Prime Minister makes the choice from two candidates submitted by a commission of prominent Church members, then passes his choice on to the monarch. The Prime Minister plays this role even though they themself are not required to be a member of the Church of England or even a Christian—for example Clement Attlee was an agnostic who described himself as "incapable of religious feeling".[5]
Although it is an established church, the Church of England receives no state funding. Instead, the Church relies on donations, land and investments.
Church of Scotland
Since the Church of Scotland Act 1921, the Church of Scotland has been independent from the state. The monarch does, however, take an oath to preserve the Church of Scotland at the meeting of the Privy Council immediately following his or her accession.[6] The monarch also has the right to attend the General Assembly of the Church of Scotland, but usually sends a High Commissioner in his or her place.[6]
Church in Wales
Since 1920, the Church in Wales has been independent of the state. The church is, however, legally required to perform opposite-sex marriages where at least one of those being married has resided in one of its parishes for six months (a similar requirement applies to the Church of England).[7]
Adoption agencies
The Equality Act 2006[8] is equally applied to both religious-based and secular adoption agencies. The Catholic adoption agencies unsuccessfully attempted to negotiate a compromise that would have included an exemption for religious-based agencies. This exemption would have allowed them to continue facilitating adoption exclusively for opposite-sex parents.
Education
Several university student associations have implemented rules that mandate affiliated groups to allow "anybody, regardless of faith, ethnicity, or sexuality, to sit on their ruling committees and to address their meetings."[9] However, some Christian Unions argue that they should be permitted to require that their ruling committees share their beliefs.
Service provision
In May 2008, Lillian Ladele, a registrar from Islington, London, took her employer, Islington London Borough Council, to the London Central Employment Tribunal, with the financial backing of the Christian Institute.[citation needed] Ladele had refused to conduct civil partnerships on religious grounds, and following complaints from other staff she was disciplined under the Council's Fairness for All policy. Ladele claimed she had been subject to direct and indirect discrimination, and harassment in the workplace, on grounds of her religion.[10] In July 2008, the tribunal found in Ladele's favour, however this ruling was overturned by the Employment Appeal Tribunal in December, 2008.[11][12]
In 2011 a judge ruling on a bed and breakfast refusing to accommodate unmarried couples found in favour of a gay couple under the Equality Act 2010 but allowed an appeal, commenting that the ruling: 'does affect the human rights of the defendants to manifest their religion'.
History
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Due to the United Kingdom having been formed by the union of previously independent states from 1707,[13][14][15] most of the largest religious groups do not have UK-wide organisational structures.
The common law offence of blasphemy was repealed in 2008. The last person to be imprisoned for blasphemy in the UK was John William Gott in 1922, for comparing Jesus Christ to a clown.[18] The next blasphemy case was in 1977, when Mary Whitehouse brought a private prosecution (Whitehouse v. Lemon) against the editor of Gay News for blasphemous libel after he published a poem by James Kirkup called "The Love That Dares to Speak Its Name". Denis Lemon was given a nine-month suspended sentence and a £500 fine for publishing the "most scurrilous profanity" which portrayed the sexual love of a Roman centurion for the body of Christ on the cross.[19] The sentence was upheld on appeal.
In this appeal case, Lord Scarman held that the modern law of blasphemy was correctly formulated in Article 214 of Stephen's Digest of the Criminal Law, 9th edition (1950). This states as follows:
Every publication is said to be blasphemous which contains any contemptuous, reviling, scurrilous or ludicrous matter relating to God, Jesus Christ or the Bible, or the formularies of the Church of England as by law established. It is not blasphemous to speak or publish opinions hostile to the Christian religion, or to deny the existence of God, if the publication is couched in decent and temperate language. The test to be applied is as to the manner in which the doctrines are advocated and not to the substance of the doctrines themselves.
In 1996 the European Court of Human Rights (case #19/1995/525/611) upheld a ban on Visions of Ecstasy, an erotic video about a 16th-century nun, based on the video infringing on the blasphemy law.[19] The Court estimated that a limited ban on vulgar or obscene publications that would be offensive to believers, while keeping legal the criticism of religion, was compatible with the principles of a democratic society.
↑ "The Strange Death of Blasphemy", by Russell Sandberg and Norman Doe, in The Modern Law Review71, #6 (November 2008), pp. 971-986, doi:10.1111/j.1468-2230.2008.00723.x.
The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died shortly before the death of Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain.
In European Christianity, the divine right of kings, divine right, or God's mandation is a political and religious doctrine of political legitimacy of a monarchy. It is also known as the divine-right theory of kingship.
Blasphemy, as defined in some religions or religion-based laws, is an insult that shows contempt, disrespect or lack of reverence concerning a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religious crime, especially the Islam including insulting the Islamic prophet Muhammad in Islam, speaking the "sacred name" in Judaism, and the "eternal sin" in Christianity.
The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson. The concept was promoted by Enlightenment philosophers such as John Locke.
The Acts of Supremacy are two acts passed by the Parliament of England in the 16th century that established the English monarchs as the head of the Church of England; two similar laws were passed by the Parliament of Ireland establishing the English monarchs as the head of the Church of Ireland. The 1534 Act declared King Henry VIII and his successors as the Supreme Head of the Church, replacing the Pope. This first Act was repealed during the reign of the Catholic Queen Mary I. The 1558 Act declared Queen Elizabeth I and her successors the Supreme Governor of the Church, a title that the British monarch still holds.
The Oath of Supremacy required any person taking public or church office in England to swear allegiance to the monarch as Supreme Governor of the Church of England. Failure to do so was to be treated as treasonable. The Oath of Supremacy was originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his elder daughter, Queen Mary I of England, and reinstated under Henry's other daughter and Mary's half-sister, Queen Elizabeth I of England, under the Act of Supremacy 1558. The Oath was later extended to include Members of Parliament (MPs) and people studying at universities.
Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the mediaeval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolished in England and Wales in 2008 and Scotland in 2021. Equivalent laws remain in Northern Ireland.
The supreme governor of the Church of England is the titular head of the Church of England, a position which is vested in the British monarch. Although the monarch's authority over the Church of England is largely ceremonial and is mostly observed in a symbolic capacity, the position is still relevant to the church. As the supreme governor, the monarch formally appoints high-ranking members of the church on the advice of the prime minister of the United Kingdom, who in turn acts on the advice of the Crown Nominations Commission. Since the Act of Settlement of 1701, all Supreme Governors have been members of the Church of England.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians. It is a form of criminal libel.
The Act of Supremacy 1558, sometimes referred to as the Act of Supremacy 1559, is an Act of the Parliament of England, which replaced the original Act of Supremacy 1534, and passed under the auspices of Elizabeth I. The 1534 Act was issued by Elizabeth's father, Henry VIII, which arrogated ecclesiastical authority to the monarchy, but which had been repealed by Mary I. Along with the Act of Uniformity 1558, the Act made up what is generally referred to as the Elizabethan Religious Settlement.
The Oath of Allegiance is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Atheist Ireland is an association of atheists based in Ireland. The group was initially founded by members of Atheist.ie, an online community set up by Seamus Murnane in June 2006. Its current chairperson is writer and activist Michael Nugent. Atheist Ireland is a former member of Atheist Alliance International, and a former member of Humanists International, and current member of The Coalition to Repeal the 8th, Children's Rights Alliance, the International Coalition Against Blasphemy Laws and the National Women's Council of Ireland. The group estimates it has about 500 members.
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
In Ireland, "publication or utterance of blasphemous matter", defamatory of any religion, was a criminal offence until 17 January 2020. It was a requirement of the 1937 Constitution until removed after a 2018 referendum. The common law offence of blasphemous libel, applicable only to Christianity and last prosecuted in 1855, was believed to fulfil the constitutional requirement until a 1999 ruling that it was incompatible with the constitution's guarantee of religious equality. The Defamation Act 2009 included a provision intended to fill the lacuna while being "virtually impossible" to enforce, and no prosecution was made under it. The 2009 statute increased controversy, with proponents of freedom of speech and freedom of religion arguing for amending the constitution. After the 2018 constitutional amendment, a separate bill to repeal the 2009 provision and residual references to blasphemy was enacted in 2019 by the Oireachtas (parliament) and came into force in 2020. The Prohibition of Incitement to Hatred Act 1989, which includes religion among the characteristics protected from incitement to hatred, remains in force.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
The Toleration Act 1688, also referred to as the Act of Toleration, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.
Ladele v London Borough of Islington [2009] EWCA Civ 1357 is a UK labour law case concerning discrimination against same sex couples by a religious person in a public office.
The status of religious freedom in North America varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
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