In a highly controversial judgment, the High Court has today ruled that it is “unlawful” for local town councils to begin their formal meetings with prayer.
The case against Bideford Town Council was brought by the National Secular Society (NSS), an anti-religion campaign group, after councillor and atheist Clive Bone complained about the Christian prayers which were said at the beginning of Council meetings.
The NNS argued that the “inappropriate” practice should have no place in "a secular environment concerned with civic business".
No Statutory Power
The Judge, Mr Justice Ouseley, rejected the NSS’s arguments on discrimination but held that Bideford Town Council had acted unlawfully under section 111 of the Local Government Act 1972 because there was “no statutory power” to allow them to continue the long-standing tradition.
Although attending the prayers was optional, the judge claimed that prayers turned a council meeting "into a partial gathering of those councillors who share a particular religious outlook, or are indifferent to it, or - as in the case of Mr Bone - too embarrassed to leave in public."
The ruling could affect local town councils across England and Wales, half of which continue to open meetings with prayer as part of normal practice.
Tony Inch, a councillor who agreed with the practice, said that the judgment was a "big shock and a shame".
He said: "We seem to be going from one crisis to another. It has implications for councils up and down the country. Where is it going to end? It's eroding the whole basis of Christian life in this country."
Bideford Council had previously warned that if the NSS won its case there could be "far-reaching consequences", including the abolition of the Coronation Oath and councils being prevented from being involved in services of remembrance.
Government
The Secretary of State for Communities and Local Government, Eric Pickles, said:
"This ruling is surprising and disappointing. While welcoming and respecting fellow British citizens who belong to other faiths, we are a Christian country, with an established Church in England, governed by the Queen.
"Christianity plays an important part in the culture, heritage and fabric of our nation. Public authorities - be it Parliament or a parish council - should have the right to say prayers before meetings if they wish.
"The right to worship is a fundamental and hard-fought British liberty.
"The Localism Act now gives councils a general power of competence - which allows them to undertake any general action that an individual could do unless it is specifically prohibited by law. Logically, this includes prayers before meetings."
Christian Institute
The ruling has been described as “extraordinary” and “bizarre” by the Christian Institute, which is acting on behalf of Bideford Council.
Institute spokesman Simon Calvert said:
“It is extraordinary to rule that councils have no lawful authority to choose, if they so wish, to start their formal meetings with prayers. That is simply wrong.
“The logic of the ruling is that councils would also be going beyond the law if they took a vote and decided to start each formal council meeting with the national anthem.
“There is no way that Parliament, when it passed the Local Government Act 40 years ago, intended it to be used to outlaw prayers.
“This case was brought by a campaign group that wants to drive Christianity out of public life, and the High Court has today given them great encouragement to take matters further.
“It is high time Parliament put a stop to this assault upon our national heritage. What’s next? Will prayers at the cenotaph end up in court?
“What about local councils that wish to formally mark the Queen’s Diamond Jubilee as part of their official meeting? Is that now unlawful too?”
Comment
Andrea Minichiello Williams, CEO of Christian Concern, commented:
“This ruling is appalling and a direct assault against the Christian principles which this country is built upon.
“It is a myth that secularism is somehow neutral. The secularism promoted by many today is deeply totalitarian in nature and cuts against the historic freedoms and tolerance which have made this nation admired around the world.
“Intolerance towards freedom of belief is now reaching endemic proportions. Christianity is being systematically driven out of the public square and we are seeing some very odd judgments from the Courts.”
Sources
Resources
Christian Concern: Religious Freedom