The Government must ensure religion cannot undermine the concept of one law for all, the National Secular Society has told a parliamentary committee.
The House of Lords Constitution Committee is holding an inquiry into the rule of law, which the Government has identified as a key priority. The inquiry seeks to understand “the rule of law as a constitutional principle and as a practical matter” and “what the state of the rule of law is in the UK”.
In its submission to the inquiry, the NSS said that while the rule of law is “fundamental to democracy”, religious privilege threatens to undermine secular justice and equality before the law.
Religious ‘courts’
The NSS said the importance of the rule of law is “widely recognised” by communities of all backgrounds. It highlighted how a recent report from the Institute for the Impact of Faith in Life found the majority of Muslims stated that they would not want to leave the UK for a Muslim question, citing the UK’s system of governance and rule of law as one reason.
But the NSS added that religious ‘courts’ in Muslim and other religious communities “pose a threat to the concept of one law for all”.
Religious ‘courts’ are not courts of law. They are tribunals which settle disputes within religious communities according to religious codes of practice. They often operate as part of a registered charity, and frequently deal with cases relating to religious marriages and divorces.
The NSS highlighted how religious ‘courts’ are typically patriarchal institutions which discriminate against women. Islamic ‘sharia courts’, for example, usually have all-male panels and use religious codes which favour men and disadvantage women. Some religious ‘courts’ and their ‘judges’ have even condoned or enabled violence against women, forced marriage and exploitative polygamous relationships.
The NSS also argued religious ‘courts’ undermine UK law by creating ‘parallel legal systems’. It called on the Government to ensure “no one in any community feels forced” to use a religious ‘court’, and to consider “stripping religious courts of their charitable status on the grounds that they serve no public benefit and undermine UK law”.
It added that education “must be used to inform and empower citizens to ensure no one feels they must resort to using a religious court”. This should include removing barriers to all children receiving an adequate citizenship education so they understand their legal and civil rights, it said.
The NSS added the Government should reform wedding law to help tackle problems caused by religion-only ‘marriages’ which are recognised by religious ‘courts’ but not UK law.
Freedom of expression
The NSS said the Government should “emphasise the fundamental right of freedom of expression” in its promotion of the rule of law and other democratic values, in addition to community cohesion strategies.
It expressed concerns that politicians and other authorities “demonstrate ‘blind spots’ in certain aspects of the law, particularly when it comes to religion and freedom of expression.”
It raised the example of Hamit Coskun, who is awaiting trial for burning a Quran in a political protest outside the Turkish Consulate in London. He was charged with “intent to cause against the religious institution of Islam, harassment, alarm or distress” under the Public Order Act. This is despite political protest being protected under the European Convention on Human Rights.
According to an expert legal opinion, the charge is “plainly defective on its face” as the “religious institution of Islam” is not a “person” for the purposes of the Public Order Act. The opinion added that treating the “religious institution of Islam” as a person was “tantamount to preferring a charge of blasphemy” – an offence abolished in England and Wales in 2008.
The bishops’ bench
The NSS called for automatic seats for bishops in the House of Lords to be abolished.
Two archbishops and 24 bishops of the Church of England are granted automatic seats in the House of Lords. The NSS said this right “undermines the concept of fairness in law-making and equal citizenship for all, regardless of religion or belief”.
It highlighted how the Church has used its position to secure exemptions and concessions from equality law, as well as obstruct equality beyond the Church and in wider society.
The judges’ service
The NSS highlighted how holding annual religious services for judges “undermines judicial neutrality” and called for their abolition.
The start of each judicial year is marked by an Anglican service in Westminster Abbey. Judges attend in an official capacity during working hours while wearing their judicial robes.
The NSS said that judges’ attendance of the ceremony gives “the appearance of support for the interests and doctrines of Christianity, and the Church of England in particular”.
NSS: One law for all “essential to democracy and community cohesion”
NSS head of campaigns Megan Manson said: “One secular law for all, which treats everyone equally regardless of religion or belief, is essential to democracy and community cohesion.
“Unfortunately, many kinds of religious privilege, from religious ‘courts’ to the annual judges’ service, undermine this concept.
“We urge the committee to recommend the Government ensure religion does not threaten the principle of one law for all.”
