Posted on by Marc O. DeGirolami

Equality and (Religious) Liberty

An interesting story in The Guardian about Oxford professor Roger Trigg, whose new book we noted here.  The story discusses Professor Trigg’s views about the state of religious liberty in Great Britain and, in his view, the trumping power of the value of equality, as well as the sorts of inquiries courts are making about religious centrality and sincerity.  Indeed, there seem to be two themes in the story — the need to balance conflicting values and the question of who should be charged to balance them.  A bit from the story:

In his latest book, Equality, Freedom and Religion, Roger Trigg, who runs the Centre for the Study of Religion in Public Life at Kellogg College, argues: “There has been a clear trend for courts in Europe and North America to prioritise equality and non-discrimination above religion, placing the right to religious freedom in danger.”

He cites a number of recent cases, including that of Lillian Ladele, the Islington registrar who refused to conduct civil partnerships because of her religious beliefs. In that case, he says, “the need to respect the right to equality trumped the freedom of religious convictions”.

Read more

Posted on by Mark Movsesian

The Americanization of British Religion

As I wrote last week, Americans think of Britain as a very secular place. I suppose most Britons do, too. Now and then, though, one gets the sense that religion, specifically Christianity, is not completely passé and may, in fact, be making a comeback. Peter Oborne has an interesting piece in The Telegraph this week, “The Return to Religion,” in which he argues that churchgoing is again becoming a “national pastime” in Britain, particularly in London. He gives several examples. Oborne attributes the renewed interest to economic austerity and the sense many Britons have that the materialism of the past generation has let them down.

I’m not sure what to make of this. Oborne may be looking at isolated examples. Or perhaps the rise in religion is only a temporary phenomenon that will be lost in the larger and more lasting move away from religion. We’ll just have to see.

One trend that is apparent in Oborne’s piece is how “American” British religion is becoming. Much of the new success results from American-style marketing. Anglican parishes no longer wait for neighborhood people to come: they reach out with niche programming like actors’ groups. “Church plants” like ChistChurch London, whose website makes it look a lot like an American urban evangelical megachurch, are increasingly prominent. Oborne also notes the rise of Pentecostalism, a form of Christianity that began in twentieth-century Los Angeles, which appeals to immigrants from Africa. Observers have been writing about the Americanization of world religion for some time; recent books by journalists John Micklethwait and Adrian Wooldridge, and by French scholar Olivier Roy, come to mind.  Oborne’s essay suggests that these writers are really on to something.

Posted on by Mark Movsesian

Secular Britain?

Contemporary Britain, Americans understand, is a secular place. Weekly church attendance is quite low. Although in surveys majorities continue to identify themselves as “Christian,” most observers dismiss this as evidence of merely vestigial attachments, like the crosses on the Union Jack (left). When Americans think of religion in Britain, they tend to think of stories like sociologist Peter Berger’s, about the time he asked a London hotel concierge for the nearest Church of England parish. Not only did the concierge not know where the parish was; he didn’t know what the Church of England was.

It’s always a little surprising for Americans, then, when Britain’s Christian identity reasserts itself, as it did on two occasions this month. On Sunday, the BBC broadcast the traditional Queen’s Christmas Message, which ended with a meditation on the “great Christian festival” of Christmas and a prayer “that on this Christmas day we might all find room in our lives for the message of the angels and for the love of God through Christ our Lord.” Not so secular.

Now, the Queen is the Supreme Governor of the Church of England, and I guess most people, if they thought about it, would expect her Christmas message to be, well, Christian. Earlier in the month, though, Prime Minister David Cameron gave a remarkable address, on the 400th Anniversary of the King James Bible, which also highlighted Britain’s Christian identity. “We are a Christian country,” he declared, “and we should not be afraid to say so.” He did not mean to minimize the contributions of Britons of other faiths, or of no faith, he insisted. But there was no reason to hide the fact that the Christian tradition, including especially the King James Bible, had helped shape British culture and values. Cameron rejected state “secular neutrality” as “profoundly wrong,” both in its Read more

Posted on by Mark Movsesian

Hatzis on Religious Discrimination

Nicholas Hatzis (Oxford) has posted Personal Religious Beliefs in the Workplace: How Not to Define Indirect Discrimination, on SSRN. The abstract follows.

Religious discrimination occurs when a person is treated less favourably because of her religion. In cases of indirect discrimination the claimant needs to demonstrate that an otherwise neutral measure has caused her to suffer a particular disadvantage which people with different religious beliefs did not suffer. In Eweida v. British Airways the Court of Appeal held that personal religious beliefs which are not part of official religious dogma cannot be relied upon as a basis for a claim of indirect discrimination. The article argues that this is an erroneous interpretation of anti-discrimination law. It discusses, first, the reasoning in Eweida; then, it examines the treatment of personal religious beliefs in other cases in Britain and the United States; finally, it places the issue in a human rights framework.

Posted on by Mark Movsesian

Jacqueline Rose on Church and State in Restoration England

The Restoration of the Stuart Dynasty in 1660 led to the Glorious Revolution in 1688, which, in turn, figured prominently in the iconography of the American Revolution 100 years later. Jacqueline Rose (University of St. Andrews) has published a new book on church-state relations during the Restoration, Godly Kingship in Restoration England (Cambridge University Press 2011) that looks quite interesting. The publisher’s description follows. — MLM

The position of English monarchs as supreme governors of the Church of England profoundly affected early modern politics and religion. This innovative book explores how tensions in church-state relations created by Henry VIII’s Reformation continued to influence relationships between the crown, parliament and common law during the Restoration, a distinct phase in England’s ‘long Reformation’. Debates about the powers of kings and parliaments, the treatment of Dissenters and emerging concepts of toleration were viewed through a Reformation prism where legitimacy depended on godly status. This book discusses how the institutional, legal and ideological framework of supremacy perpetuated the language of godly kingship after 1660 and how supremacy was complicated by the ambivalent Tudor legacy. It was manipulated by not only Anglicans, but also tolerant kings and intolerant parliaments, Catholics, Dissenters and radicals like Thomas Hobbes. Invented to uphold the religious and political establishments, supremacy paradoxically ended up subverting them.

Posted on by Mark Movsesian

Religion and Law in the United Kingdom (Mark Hill et al. eds, 2011)

Kluwer has released Religion and Law in the United Kingdom (2011), edited by Mark Hill, Russell Sandberg, and Norman Doe.  A description follows. — MLM

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the United Kingdom deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in the United Kingdom. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.