Act of Parliament | |
Long title | An Act to make provision about the inclusion at local authority meetings of observances that are, and about powers of local authorities in relation to events that to any extent are, religious or related to a religious or philosophical belief. |
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Citation | 2015 c. 27 |
Introduced by | Jake Berry, (Private Member's Bill) (Commons) Lord Cormack, (Private Member's Bill) (Lords) |
Territorial extent | England and Wales |
Dates | |
Royal assent | 26 March 2015 |
Commencement | 26 May 2015 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Local Government (Religious etc. Observances) Act 2015 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Local Government (Religious etc. Observances) Act 2015 is an Act of the Parliament of the United Kingdom passed in 2015. It was created to affirm the rights of local councils to hold prayers before council and committee meetings.
In 2012, Bideford Town Council held prayers as the first action at meetings. A former councillor supported by the National Secular Society challenged the council in court over the Christian prayers which had been held traditionally since the reign of Queen Elizabeth I. [1] The High Court of England and Wales held that there was no legal authority for councils to pray at their meetings as it was not specifically mentioned in the Local Government Act 1972 as not being "conducive or incidental to, the discharge of any of their functions". Both MPs and bishops of the Church of England condemned the decision. [2]
The Communities Secretary Eric Pickles expressed disappointment at this judgment and signed a Parliamentary Order to bring forward the introduction of the general power of competence for principal local authorities passed as part of the Localism Act 2011. Pickles asserted that the power would permit councils to pray at their meetings, and therefore overturned the court's judgment within a week. [3] However there was doubt as to whether Pickles' move had actually made council prayers legal as the section he had brought forward only said that councils could do anything an individual could do, but did not specifically mention prayers. [4] The Localism Act also only applied to English councils which meant that Welsh councils were still bound by the High Court judgment. [5]
A number of councils in response to the judgment and uncertainty of the wording in the Localism Act either continued as before, removed prayers from the agenda [3] or moved the prayers prior to meetings so that they were not a part of the formal proceedings. [5]
Despite Pickles claiming his act restored the rights of councils to hold prayers as part of official agendas, it did not apply to all councils such as some town and parish councils. [6] Conservative Party MP Jake Berry introduced the Local Government (Religious etc. Observances) Bill as a Private Members Bill, in order to affirm the rights of all councils and authorities to hold prayers before meetings. [7] During introduction, he called the 2011 court judgement “an aggressive and unwelcome secular attack on our British values”. [8] The bill was supported by the government and passed both the House of Commons and House of Lords. [8] It received royal assent on 26 March 2015. [8] The legislation would be permissive and made no obligation for councillors to attend prayers if the council decided to hold them. Observers noted that the act had the effect of returning the law to the perceived status quo ante before 2011 but afforded protection against similar legal challenges. [8]
A moment of silence is a period of silent contemplation, prayer, reflection, or meditation. Similar to flying a flag at half-mast, a moment of silence is often a gesture of respect, particularly in mourning for those who have died recently, or as part of a tragic historical event, such as Remembrance Day.
A parish council is a civil local authority found in England, which is the lowest tier of local government. They are elected corporate bodies, with variable tax raising powers, and they carry out beneficial public activities in geographical areas known as civil parishes. There are about 10,480 parish and town councils in England. Parish councils may be known by different styles, they may resolve to call themselves a town council, village council, community council, neighbourhood council, or if the parish has city status, it may call itself a city council. However their powers and duties are the same whatever name they carry.
School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. The United Kingdom requires daily worship by law, but does not enforce it. Countries which prohibit or limit school prayer often differ in their reasons for doing so. In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution. This is generally rigorously applied in public schools; the Establishment Clause does not prevent prayer in private schools that have no public funding. In Canada, school-sponsored prayer is disallowed under the concept of freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms. School-sponsored prayer is disallowed in France as a byproduct of its status as a secular nation.
The National Secular Society (NSS) is a British campaigning organisation that promotes secularism and the separation of church and state. It holds that no one should gain advantage or disadvantage because of their religion or lack of it. It was founded by Charles Bradlaugh in 1866.
Eric Jack Pickles, Baron Pickles, is a British Conservative Party politician who served as Member of Parliament (MP) for Brentwood and Ongar from 1992 to 2017. He served in David Cameron's Cabinet as Secretary of State for Communities and Local Government from 2010 to 2015. He previously served as Chairman of the Conservative Party from 2009 to 2010 and was later the United Kingdom Anti-Corruption Champion from 2015 to 2017.
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.
The National Day of Prayer is an annual day of observance designated by the United States Congress and held on the first Thursday of May, when people are asked "to turn to God in prayer and meditation". The president is required by law to sign a proclamation each year, encouraging all Americans to pray on this day.
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The National Day of Reason is a secular celebration for humanists, atheists, secularists, and freethinkers. The day is celebrated annually on the first Thursday in May, in response to the statutory observance of a National Day of Prayer in the United States, which many atheist and secular groups deem unconstitutional. The purpose of the National Day of Reason is to "celebrate reason—a concept all Americans can support—and to raise public awareness about the persistent threat to religious liberty posed by government intrusion into the private sphere of worship." The National Day of Reason is also meant to help build community among the non-religious in the United States.
Women of the Wall is a multi-denominational Jewish feminist organization based in Israel whose goal is to secure the rights of women to pray at the Western Wall, also called the Kotel, in a fashion that includes singing, reading aloud from the Torah and wearing religious garments. Pew Research Center has identified Israel as one of the countries that place "high" restrictions on religion, and there have been limits placed on non-Orthodox streams of Judaism. One of those restrictions is that the Rabbi of the Western Wall has enforced gender segregation and limitations on religious garb worn by women. When the "Women of the Wall" hold monthly prayer services for women on Rosh Hodesh, they observe gender segregation so that Orthodox members may fully participate. But their use of religious garb, singing and reading from a Torah have upset many members of the Orthodox Jewish community, sparking protests and arrests. In May 2013 a judge ruled that a 2003 Israeli Supreme Court ruling prohibiting women from carrying a Torah or wearing prayer shawls had been misinterpreted and that Women of the Wall prayer gatherings at the wall should not be deemed illegal.
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. As stated in the Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". George Washington stressed freedom of religion as a fundamental American principle even before the First Amendment was ratified. In 1790, in a letter to the Touro Synagogue, he expressed the government “gives to bigotry no sanction” and “to persecution no assistance." Freedom of religion is linked to the countervailing principle of separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn, and later Founding Fathers such as James Madison and Thomas Jefferson.
Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors, referendums and the "Local authority’s general power of competence" which states "A local authority has power to do anything that individuals generally may do".
Sir Duncan Brian Walter Ouseley, styled The Hon. Mr Justice Ouseley, is a retired High Court judge in England and Wales, Queen's Bench Division. He is notable for involvement in many legal cases reported in the British press.
South Africa is a secular state, with freedom of religion enshrined in the Constitution.
School prayer in the United States if organized by the school is largely banned from public elementary, middle and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools, such as local school districts, are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...
The Scottish Secular Society is a vocal secular organisation in Scotland and is based in Glasgow. It promotes the separation of church and state and educates the public on matters relating to the interface of religion and politics.
The status of religious freedom in Oceania 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.
Secularism in the Philippines concerns the relationship of the Philippine government with religion. Officially the Philippines is a secular state, but religious institutions and religion play a significant role in the country's political affairs. Legal pluralism also persist with the application of Islamic personal laws for the country's Muslim population.
Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.