Updated Friday
Since the October visit of Archbishop Williams was announced, there have been further developments in Zimbabwe.
ACNS Anglican Bishop of Harare: “Priest’s arrest for ‘theft’ of US$1.5 million is baseless”
Highlands Police today (Tuesday 6 September 2011) arrested Reverend Julius Zimbudzana, the priest in charge at St Mary’s Anglican Church for allegedly taking over Anglican church property worth over US$1.5 million as police intensified their persecution of the Anglican Church, hiding behind unjust court rulings.
Dr Nicholas Chad Gandiya, the Bishop of the Anglican Diocese of Harare in the Church of the Province of Central Africa (CPCA) immediately dismissed the charge as persecution of the Anglicans under the CPCA by the police, acting on the instructions of the ex-communicated Dr Nolbert Kunonga.
“That [accusation against Revd Julius] is unfounded, baseless and without foundation,” Bishop Gandiya said. “This is very strange indeed as no parish in our diocese (perhaps the exception of the Cathedral Parish) has properties worth that much. He has been refused bail. The police claim they have clear instructions not to release him…”
Other reports:
Church of England Newspaper Harare eviction order appealed
SW Radio Africa via AllAfrica.com Anglican Priest Arrested By Police in Highlands
Telegraph Anglican priest arrested in Zimbabwe as Archbishop of Canterbury plans visit and also Archbishop of Canterbury ‘to meet’ Robert Mugabe in Zimbabwe
New Zimbabwe Archbishop of Canterbury to meet Mugabe
Friday updates
The Church Times has this report: Zimbabwe: priest arrested for ‘taking’ his own parish which also includes this:
…The Bishop of Rochester, the Rt Revd James Langstaff, has recently returned from a trip to the diocese of Harare, which has a link with Rochester.
Bishop Langstaff attended a diocesan conference with clergy, and said that it was a “slightly surreal experience, as off-stage we knew clergy were routinely being persecuted” and churches’ property being dispossessed. “Gradually, all of the clergy will be ousted from their own property. But, although Kunonga has the buildings, he has no people. He is only interested in making money.
“Congregations are now meeting in borrowed premises and tents, and are growing. I went to one church meeting in a tent. There was a very positive atmosphere, and people feel they are growing spiritually and are more committed — and feel good will come out of it. The congregations are in really good heart, but are concerned for their clergy.”
BBC Archbishop will find Zimbabwe Church in chaos
The Archbishop of Canterbury, Rowan Williams, will find his followers dismayed and a Church in chaos when he visits next month…
And the Telegraph has an editorial column: Christian courageous
13 CommentsThe Archbishop of Canterbury, Dr Rowan Williams, is right to expose himself to risk by visiting Zimbabwe, where many Christians practise their faith in fear, and meeting its President, Robert Mugabe…
Updated again Tuesday
The Church of Ireland has published Statement by the Archbishop of Armagh on Civil Partnerships and Serving Clergy.
Following media reports on the issue of civil partnerships and serving clergy, the following statement from the Archbishop of Armagh and Primate of All Ireland, The Most Revd Alan Harper, was provided to the BBC NI ‘Talkback’ programme and the Belfast Newsletter today, 7 September 2011:
’The recent civil partnership of a serving ordained Church of Ireland clergyman presents a new situation within the Church of Ireland. It is true to say that within the Church there is a range of views on same–sex relationships and there will also be a range of views and reactions to civil partnerships concerning clergy. I acknowledge that this issue has caused strong feelings and concern. While there are acknowledged differences of opinion within the Church, suggestions that it might split are, I hope, premature. In 2003 the Bishops of the Church of Ireland issued a pastoral letter on human sexuality which reflected the varied spectrum of views within the Church. The General Synod of the Church of Ireland has not made any statement or decision in addition to that. The Bishops will be addressing the matter again shortly. I trust that the Church and its bishops will continue to address this subject with mutual respect. The state has provided a right in law for same gender persons to have their partnerships recognized and specific rights conferred through civil partnership, This is not recognized as marriage by the Church of Ireland or by the civil authorities in Northern Ireland and the Republic of Ireland. Marriage is understood by the Church to comprise a lifelong and exclusive commitment by one man and one woman to each other. The Church has no provision or proposals for any liturgy for the blessing of civil partnerships and there are no authorized public rites of blessing for same–gender relationships.’
Some of the press reports:
Belfast Newsletter Cleric confirms gay partnership and ‘Dismay at CoI gay union’ and Gay row ‘may split church’
BBC Minister Rev Tom Gordon civil partnership ‘welcomed’
Irish Times Senior cleric in same-sex ceremony
Christian Today ‘Sorrow’ after senior Church of Ireland cleric confirms civil partnership
Friday morning updates
Changing Attitude Ireland has welcomed the news: CA Ireland congratulates Dean Tom Gordon and his civil partnership.
And this is the (later, fuller version of) the statement, jointly issued by the committees of the Church of Ireland Evangelical Fellowship, the Evangelical Fellowship of Irish Clergy, New Wine (Ireland) and Reform Ireland: Further joint statement by Evangelical groups in C of I.
In addition to that, Reform Ireland has published Civil partnership shame of the Church of Ireland.
Friday afternoon update
Belfast Telegraph Church of Ireland split fear over Irish cleric’s civil partnership
This story misquotes Canon Ian Ellis, editor of the Church of Ireland Gazette, as saying that the Dean had not informed his bishop beforehand, but according to the Gazette’s own report (available online only to subscribers):
The Dean said that he had told his Bishop, the Rt Revd Michael Burrows, before proceeding with the civil partnership, and confirmed that no assurances were required of him regarding a celibate lifestyle, as is required in the Church of England. However, he also said that he did not regard civil partnership as equivalent to marriage.
update Tuesday
The Belfast Telegraph has, in effect, corrected this error, see Bishop under fire over cleric’s gay marriage.
65 CommentsIn the previous Covenant article, mention was made of the recent analysis by Andrew Goddard.
Two developments in relation to that.
Alan Perry wrote this critique of it: Send in the Theologians
The editors of the No Anglican Covenant blog asked the ACO if what was claimed about IASCUFO working on reforms to the Instruments of Communion was correct. The answer is available here: Don’t Panic.
2 CommentsFrom the Number 10 website
Diocese of Winchester
Tuesday 6 September 2011The Queen has approved the nomination of the Reverend Canon Timothy John Dakin for election as Bishop of Winchester.
The Queen has approved the nomination of the Reverend Canon Timothy John Dakin, BA, MTh, General Secretary of the Church Mission Society, Associate Priest of Ruscombe and Twyford in Oxford Diocese and Honorary Canon Theologian at Coventry Cathedral, for election as Bishop of Winchester in succession to the Right Reverend Michael Charles Scott-Joynt, MA, on his resignation on the 31st May 2011.
Notes for editors
Canon Tim Dakin (aged 53) was born to missionary parents in Tanzania and grew up partly in East Africa and partly in vicarages in the UK.
He studied at the University College of Saint Mark and St John, Plymouth, and at King’s College, London, and did further research at Christ Church, Oxford. From 1993 to 2000 he was the Principal of Carlile College, Kenya (a Church Army college which includes a Theology School and a Business School), and a Curate at Nairobi Cathedral. Since 2000 he has been the General Secretary of the Church Mission Society (with the South American Mission Society since 2009), and an Associate Priest in the Parish of Ruscombe and Twyford, near Reading. Tim is an elected member of the General Synod from the Oxford Diocese. From 2001 he has been an Honorary Canon Theologian of Coventry Cathedral, taking a special interest in mission theology.
Under Tim’s leadership CMS has seen a number of changes. In 2008 the Church of England recognised CMS as a mission community; it has about 2,500 members and follows a simple rule of life. During the last ten years CMS has also been committed to establishing CMS Africa and Asia CMS within a new mission network called Interchange. Alongside this it has contributed to the mission-shaped church initiative in England and elsewhere, and to the development of pioneer ministry and training. Historically, CMS is known for its holistic world-wide mission, and was involved in planting or supporting up to two-thirds of the Provinces of the Anglican Communion. CMS currently works in over 40 countries and supports more than 200 people in full-time mission. In 2007 CMS moved to Oxford, bringing together its administration, conference centre, library and mission house.
Tim is married to Sally, who is also ordained (and a midwife), and they have two children, Anna (20) and Johnny (16). Tim’s interests include reading, walking, films and non-Western Christianity. The Dakins like to take their family holidays on a farm in Kenya.
The Diocese of Winchester has this: The next Bishop of Winchester announced.
The Church Mission Society has this: Tim Dakin to be next Bishop of Winchester.
33 CommentsFrom New Zealand come reports that two further dioceses have voted against adoption of the Anglican Covenant:
Auckland Covenant clause ‘contrary to Anglican ecclesiology’
But, for the amended text of the resolution that was passed, please see the comments below.
Waiapu The following motion was passed by a 99.5% majority:
Waiapu affirms its desire to remain a member of the Anglican Communion. We do not believe that the proposed Anglican Communion Covenant will enhance the life of the Communion and request that General Synod/te Hinota Whanui declines to sign the Covenant. (All three regional conferences supported this motion going to Synod.)
The No Anglican Covenant campaign has criticised the materials recently issued in the Diocese of Oxford.
Meanwhile, the Living Church has published a number of articles in support of the Covenant, to which Lionel Deimel has helpfully provided a set of links. See this page. He explains why he did this here.
One of these is by Andrew Goddard who has published an interesting article which suggests that, in the light of the Anglican Covenant’s prospective adoption, some reforms are needed to the Anglican Instruments of Unity.
This is also available from the Fulcrum website: Commitment in Word and Deed.
14 CommentsFrom the website of the Diocese of Pennsylvania: Judge Rules in Good Shepherd, Rosemont, Case:
On Friday, August 26, the Honorable Stanley Ott issued an Order stating that David Moyer, a Bishop in the Traditional Anglican Communion, and two other individuals no longer have any right or authority to serve as rector or on the vestry of the Church of the Good Shepherd, located in Rosemont Pennsylvania. Judge Ott determined that the Standing Committee and Ecclesiastical Authority of the Diocese are charged with the responsibility of deciding whether an individual may serve in the pulpit of an Episcopal Church and whether particular members of a vestry have acted in compliance with the Constitution and Canons of the Episcopal Church. Judge Ott’s Order was effective immediately and, as of this date, neither Bishop Moyer nor the two individuals have sought a stay of the Order which, if granted, might allow Bishop Moyer to remain at Good Shepherd pending any appeal.
By way of background, the individuals who founded the Church of the Good Shepherd over a century ago included language in the deeds and in the Church’s Articles of Incorporation which provided that the parish was to be forever operated in accordance with the Canons and Constitution of the Episcopal Church. Fundamentally, of course, this required the Vestry to employ as rector a priest licensed by the Bishop to officiate in this Diocese and to undertake the same burdens and responsibilities imposed by the Episcopal Church and the Diocese on all of the parishes in this Diocese. Bishop Moyer has not been licensed by the Bishop to officiate in this Diocese since 2002; the Vestry has employed a series of assistant rectors at Good Shepherd which likewise had not been licensed and had otherwise failed to comply with the requirements of the Diocesan Canons and Canons of the Episcopal Church…
The judge’s order can be read in full from here (PDF).
The Philadelphia Inquirer reported this: Defrocked Episcopal priest loses bid to retain Montco parish.
The statement from the vestry of the parish can be found here.
A farewell address by David Moyer is on the parish website.
7 CommentsDear brothers and sisters in Christ,
As Tuesday’s Vestry email stated, I respect and submit to Judge Ott’s Decree. This means that my ministry as Rector has ended.
I am now engaged in what is required to move out of my office, and in informing the Vestry what the specific areas are that have been my responsibility for the past twenty-one years, and the areas I assumed beyond set and expected responsibilities.
I want to repeat what I have said previously. I know that as individuals and as families, whatever choices are made (and they may change in the future), I love you all, and will never let different choices break the bonds of affection and care I have for all of you…
Third Sector reports: Charity Commission publishes further guidance on the Equality Act.
Equality Law has Charity Commission issues new Equality Act guidance.
New guidance has been issued by the Charity Commission which sets out its views on the application of the new charities exception in the Equality Act and the circumstances in which a charity may restrict its benefits to a group defined by reference to a protected characteristic.
The Charity Commission advice is here: Equality Act guidance for charities: Restricting who can benefit from charities .
This may be of interest to those who have been following the case of Catholic Care.
3 CommentsThe Church Times reports: Williams to visit Zimbabwe as harassment continues.
And Ekklesia has a report from ENInews headlined Anglican leader to seek meeting with Mugabe in Zimbabwe.
An earlier Church Times report said: Kunonga looks over the border as evictions bite.
And there was this ACNS report: Zimbabwe Anglican Church fights to reclaim its properties and end attacks.
The Church of England Newspaper has Mugabe meeting for Archbishop Williams and earlier Anglican clergy under siege in Harare.
13 CommentsColin Coward has penned four notes to correct various claims made by Anglican Mainstream recently.
Misapprehensions by Anglican Mainstream – 1
On August 17th, 2011 Dr Philip Giddings, Convenor of Anglican Mainstream, responded to the open letter from Rev Benny Hazlehurst (writing on behalf of the LGBT Anglican Coalition) about conversations with the two groups of bishops appointed by the Archbishop of Canterbury, one broadly conservative, the other broadly liberal.
The first issue I want to address is whether or not the broadly liberal group, then convened by John Saxbee, Bishop of Lincoln and now by Peter Price, Bishop of Bath and Wells, had engaged in conversations with Changing Attitude or any of the other LGBT groups…
Misapprehensions by Anglican Mainstream – 2: What happened at Lambeth 1998
Misapprehensions by Anglican Mainstream – 3: The Listening Process
Misapprehensions by Anglican Mainstream 4: The Listening Process will change the Church
14 CommentsRiazat Butt continues her reports on travelling through Afghanistan with army chaplains for The Guardian.
Gurkhas’ Hindu temple in Lashkar Gah is only one of its kind
Khan’s kitchen: the difficult life of an Afghan interpreter for the British military
At shura, elders of Chah-e-Mirza deal with concrete and divine
Danielle Elizabeth Tumminio writes for The Guardian Don’t rely on governments, we all have a responsibility towards the less well-off.
“The more we earn, the greater our duty of care to our poorer neighbours.”
Christopher Howse writes for The Telegraph about A man stoned for gathering sticks.
0 CommentsUpdated Saturday
ABC in Australia has published this article by Muriel Porter: Sydney Anglicans and the threat to world Anglicanism. It starts:
Sydney Diocese has always been an important player in the Anglican Church of Australia.
It is the oldest and largest of the 23 Australian dioceses, and until its recent catastrophic financial losses, was the richest. It is also the most conservative, and is strident in defence of that conservatism.
But how could Sydney Diocese be a threat to the international Anglican Communion? After all, Australia, with just 3.7 million Anglicans according to the 2006 census – the same number as those Australians who claimed no religion – should be but a small player among the 80 million world Anglicans.
Yet in the first decade of the twenty-first century, under the leadership of Archbishop Peter Jensen, Sydney Diocese has become a force to be reckoned with in the Anglican Communion. As a leader of the alternative international Anglican movement focused in the Global Anglican Future (GAFCON) project, his diocese became what can only be described as a destabilizing influence.
And it ends with:
Overall, Sydney’s influence is of real concern for the future of world Anglicanism.
The article is an edited extract from Dr Porter’s new book Sydney Anglicans and the Threat to World Anglicanism.
Dr Porter is a journalist and author, a Fellow of the University of Melbourne School of Historical and Philosophical Studies, and a member of the Australian General Synod.
Update
ABC News has published this response by Mark Thompson Religion & Ethics: Serious flaws in Muriel Porter’s misguided polemic.
52 CommentsHywel Williams writes for The Guardian about Putting our faith in fragments.
“Be it medieval bones or rubble from the Twin Towers, relics affirm our belief in human endurance.”
Tom Wright writes for The Spectator about “How the Church of England can – and will – endure”: Keep the faith.
Riazat Butt of The Guardian is travelling through Afghanistan with army chaplains: Religion on the frontline. Here are her reports so far.
Religion in Camp Bastion: ‘What people are asked to do here can lead to big questions’
Baptism at Camp Leatherneck in Afghanistan
Life as a humanist with the armed forces in Afghanistan
Matthew Adams writes for The Guardian about Christianity and capital punishment: thou shalt not kill?
“A petition urging the reintroduction of the death penalty in the UK poses some pertinent questions for Christianity.”
Brandon Peach in Relevant Magazine asks Will the Internet Kill Christianity?
Richard Beck at Experimental Theology summarises the article and adds some comments of his own.
Nick Jowett asks in The Guardian Was Jesus judgmental?
“Perhaps Christ was a more normal human being than people have been willing to believe.”
Today’s Church Times carries a news report, by me, on the recent meeting of the International Anglican Liturgical Consultation.
See ‘Respectful’ hearing for gay-rites debate.
“RITES relating to marriage” was the subject under study by 56 Anglican liturgists at the biennial meeting of the International Anglican Liturgical Consultation (IALC) earlier this month in Canterbury. Continuing work that was begun two years ago in New Zealand, a report on this topic will be completed by December.
Participants came from 19 Anglican provinces, including Brazil, Hong Kong, Nigeria, and the Southern Cone. Topics included theology, cultural contexts, and the shape and elements of ritual. Papers were delivered by the Bishop of Central Tanganyika, the Rt Revd Mdimi Mhogolo, and by the Revd Dr Simon Jones, of Merton College, Oxford…
…In addition to the regular sessions, there was a separate presentation by members of the Standing Commission on Liturgy and Music (SCLM) of the Episcopal Church in the United States on their development of a theological rationale and liturgical principles for same-sex blessings. Those who attended were asked to give feedback by considering specific questions in small working groups.
The chair of the IALC, Dr Eileen Scully, from Canada, said on Thursday of last week that the purpose of the IALC meeting was to work on rites related to heterosexual couples only. In countries where civil-marriage laws were changing, however, to allow either civil unions or same-sex marriage, Churches faced challenges. They needed to reflect on the parallels with traditional marriage…
Anglican Communion Office backfiles of material on IALC here.
18 CommentsThe Daily Monitor in Uganda reported earlier this week that Cabinet drops Bahati’s gay Bill.
Cabinet has finally thrown out the Anti-Homosexuality Bill, 2009 on the advice of Mr Adolf Mwesige, the ruling party lawyer. However, Ndorwa West MP David Bahati, the architect of the Bill, insists the proposed legislation is now property of Parliament and that the Executive should stop “playing hide- and- seek games” on the matter.
See also
Daily Monitor Blocking gays Bill is moral corruption -MPs
Reuters Uganda strikes down bid to revive anti-gay bill
Behind the Mask Uganda Parliament meets September 7 to decide on ‘Kill the gays bill’
Radio Netherlands Gay community cautious after Ugandan bill thrown out
The New Civil Rights Movement Uganda: The Stealth Campaign To Quietly Pass The Kill The Gays Bill
Uganda’s Cabinet throw out MP David Bahati’s Anti-Homosexuality Bill on the Changing Attitude website.
Lesley Crawley writes for The Guardian’s Cif belief that Sexism runs deep in the Church of England.
“I’ve experienced prejudice working as an engineer and as a priest – only difference is, in the church it’s institutionalised.”
Anna Tims writes about the Bishop of London for The Guardian: A working life: the bishop.
“From dawn till dusk, the diocese of London fills Richard Chartres’ exhausting schedule. He’s got an Oyster card, but finds his hybrid car a convenient compromise.”
Judith Maltby writes for Cif belief about The Church of England’s shameful record on capital punishment.
“If parliament debates the death penalty, the church should speak against it with all the authority of a reformed sinner.”
British Religion in Numbers has data on this week’s A-level results in Religious Studies: Religious Studies A Levels, 2011.
Bruce Chilton in The Huffington Post asks (and answers) the question What Does The Bible Say About The Mother Of Jesus?
Also in The Huffington Post Maria Mayo writes about 5 Myths About Forgiveness in the Bible.
78 CommentsThe Church Times has a report by Pat Ashworth Nurses win abortion battle.
The first part of this deals with the case reported here: Equality Act applied in abortion case.
The second part deals with the EHRC intervention: Equality Commission reveals its views on 4 cases at the European Court. This finishes with a quote from me, which unfortunately got shortened in the editing process. The full quote reads as follows:
5 CommentsMany observers will welcome the EHRC’s suggestion that the rights of Eweida and Chaplin, under Article 9(2) of the European Convention on Human Rights to manifest their Christian beliefs, were not adequately considered. It is unclear why claims such as theirs ever came before the courts at all.
However, the EHRC’s view that the domestic courts came to the correct conclusions in the cases of Ladele and McFarlane will be very unwelcome to those who have campaigned so vigorously and so long on their behalf. Most employment lawyers though will breathe a sigh of relief that common sense has again prevailed.
Back in June, we noted that a Church Times leader had said this about that Legal Opinion, which was first reported much earlier in May.
In May, our view was a negative one, since the document listed several reasons why the appointment of a gay bishop could be blocked. This week’s positive spin has not changed our opinion. As the leaders of the “gay-led” Metropolitan Community Church in Manchester wrote to Dr Williams this week, “We note that [unlike a gay candidate] heterosexual candidates for bishoprics are not asked to repent of any sexual activity with which the Crown Appointments Commission may be uncomfortable.” More than one serving bishop has said that he would have considered it an impertinence had he been asked about his sexual history.
The legal advice has no more weight now than before it was circulated to Synod members. It was not approved by the Bishops when they discussed it in May, not least because, to many, the brief was not how to remove discrimination within the Church, but how to continue it untroubled by the law.
The full text of the letter to Rowan Williams from MCC leaders mentioned above (and which was published here) is copied in full below the fold.
6 CommentsThe Very Reverend Keith Jones, Dean of York has written to the Catholic Herald, responding to an intemperate and ill-informed attack on York Minster’s admissions charges and the Church of England in general.
An entry charge at York Minster is needed to maintain such a gigantic building
58 CommentsSIR – William Oddie makes very hostile comments about York Minster in protest at the entry charge, and many other things. He does not say how otherwise we are to maintain this gigantic building, which is not subsidised by the state, and which employs (proudly) numerous skilled workers in stone and glass, and music and teaching, to maintain York Minster for the nation and the world at large. We are not profiteers, but a charity. We take pains to make our references to our constant worship and Christian witness such that non-Christians will not be put off, but his sneers fail to mention that we give free entry to acts of worship or the fact that hundreds attend Evensong each day.
Then there is his charge of the Minster being “purloined” at the Reformation. As an expression of hard-line opinion he is entitled to utter it, but for those Christians who hope and pray for better it is crude and hopeless. For the record, our Anglican view is that York Minster is the product and expression of English Christianity, and belongs now as always to the people of England under their lawful sovereign. The Dean and Chapter maintain and administer it for them by the same law of the land.
The relationship of the Church of England with the see of Rome has varied in form considerably over the centuries; however, we do not believe that the Church of this land is constituted by our recognition of the jurisdiction of the Pope and we hold to the hope of a union of the Churches in which we can belong together again, the honour (and even primacy) of the Roman see being appropriately recognised. Of course it is a difficult thing, but York Minster is a place where already many traditions of English Christianity meet often in friendship and hospitality, praying together and sharing many things we hold in common. Mr Oddie’s accusations of criminality hardly relate to what we believe to be the guidance, let alone the charitableness, of the Holy Spirit, but rather to the jeers of sectarian strife.
Yours faithfully,
Keith Jones
The Equality and Human Rights Commission has published Legal intervention on religion or belief rights: seeking your views.
Last month we announced that we had applied to intervene at the European Court of Human Rights and we have now been granted permission to do so.
We are considering using the four cases already before this Court as a platform to advise on and clarify the interpretation of human rights laws. We are seeking your views on our proposed submission on the human rights elements of the four cases claiming religious discrimination, and separately, whether the concept of reasonable accommodation has any useful practical application in cases concerning the manifestation of religion or belief…
And there is a 6 page consultation document (.doc)
The essence of their position is this:
We propose to intervene in:
• Eweida and Chaplin on the basis that the Courts may not have given sufficient weight to Article 9(2) of the Convention.
• Ladele and Mcfarlane on the basis that the domestic courts came to the correct conclusions.
And
We had suggested that our intervention might put forward the idea of extending the concept of reasonable accommodation beyond disability. However, we also know that this idea needs more careful consideration than the timetable for the European Court of Human Rights allows.
So they won’t now be doing that, but they are seeking views on the subject.
13 CommentsNeil Addison reports on his Religion Law Blog about a new use of the Religion and Belief provisions in the Equality Act 2010.
See Abortion and the Equality Act.
…From the facts it was clear that the Hospital had not recognised or accepted that the Nurses had a legal right to refuse to participate. EMA has been held by the High Court, in the BPAS case mentioned, to be an Abortion procedure under the Abortion Act 1967 and as such the Nurses had an absolute right to refuse to participate under the conscientious objection provisions of s4 of the Abortion Act.
Abortion Act 1967 – 4. Conscientious objection to participation in treatment
(1) Subject to sub-section (2) of this section, no person shall be under any duty whether by contract or by any statutory or other legal requirement to participate in any treatment authorised by this Act to which he has a conscientious objectionTMLC wrote to the hospital stating that the Nurses were refusing to work in the Clinic and quoting their rights under s4 Abortion Act. The letter also stated that their belief in the sanctity of life from conception onwards was a philosophical belief protected under the Equality Act and therefore any attempt to pressure them into participating in the Abortion Clinic or to suggest that their refusal would affect their career would be illegal under the Equality Act 2010.
This particular interpretation of the Equality Act has never, to my knowledge, been argued before however since the Courts have accepted that the philosophical belief in Global warming is protected under Equality legislation, see Grainger Plc & Ors v. Nicholson [2009] UKEAT 0219_09_0311 I could see no reason why belief that human life begins at conception should not be equally protected.
The reason for including the Equality Act in the letters to the Hospital was in order to provide the Nurses with additional protections. Section 4 of the Abortion Act though it is clear does not provide any enforcement mechanism and also does not protect a conscientious objector from being pressurised to participate in Abortion, held back in their career due to their pro-life belief or indeed not employed in the first place. However using the Equality Act as well as s4 of the Abortion Act meant that the Nurses would be able to claim Harassment, Victimisation or Discrimination in an Employment Tribunal if they were put under pressure at work because of their reliance on the conscientious objection protection in s4…
Gavin Drake has some further comments on this.
3 Comments