UK Government view on what constitutes a religion

The UK Government offers the opportunity for members of the public to raise petitions online. A recent one of these was to recognise paganism as a valid religion to be included on things like census forms (instead of having to tick \"other\"), since it is the 7th most populous faith in the UK (apparently).

The response from the Government (unsurprisingly very non-committal) lays out the \"official\" view on what constitutes a religion. Although it states that individual courts would rule on such a matter, the accepted guidelines are as follows (according to them, Jediism would probably qualify!):


\"With regard to the recognition of any particular faith or belief system, domestic legislation simply defines religion or belief as ‘any religion or philosophical belief’. This definition was first introduced in the Employment Equality (Religion or Belief) Regulations 2003 and also appears in Part 2 of the Equality Act 2006. The new Equality Bill again largely replicates this definition. “Beliefs” are religious beliefs, or philosophical beliefs that are in some way analogous to religious beliefs.

This definition of “religion” is deliberately broad. It is in line with Article 9 of the European Convention on Human Rights, which stipulates that everyone has the right to freedom of thought, conscience and religion. European Directives that relate to matters of religion or belief do not attempt to define specifically what the terms ‘religion or belief’ mean, nor does Article 9 itself.

There is no formal list of ‘recognised’ religions or beliefs’ within Great Britain – no such list could ever be conclusive or exhaustive. In any question of doubt, it would ultimately be for the Courts to decide whether something constitutes a religion or belief for the purposes of domestic legislation.

However, case-law has identified the relevant factors that need to be taken into consideration when determining if something may be considered to be a protected ‘religion’ or ‘belief’. The main limitation on what constitutes a ‘religion’, in line with Article 9, is that it must have a clear structure and belief system. The limitations on what constitutes a ‘philosophical belief’ are that it must be genuinely held; be a belief and not an opinion or viewpoint based on the present state of information available; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; and be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.\"
http://www.hmg.gov.uk/epetition-responses/petition-view.aspx?epref=PaganForms

MTFBWY

Mark Anjuu wrote:

..... “Beliefs” are religious beliefs, or philosophical beliefs that are in some way analogous to religious beliefs.

This definition of “religion” is deliberately broad. It is in line with Article 9 of the European Convention on Human Rights, which stipulates that everyone has the right to freedom of thought, conscience and religion. European Directives that relate to matters of religion or belief do not attempt to define specifically what the terms ‘religion or belief’ mean, nor does Article 9 itself.

There is no formal list of ‘recognised’ religions or beliefs’ within Great Britain – no such list could ever be conclusive or exhaustive. In any question of doubt, it would ultimately be for the Courts to decide whether something constitutes a religion or belief for the purposes of domestic legislation.

However, case-law has identified the relevant factors that need to be taken into consideration when determining if something may be considered to be a protected ‘religion’ or ‘belief’. The main limitation on what constitutes a ‘religion’, in line with Article 9, is that it must have a clear structure and belief system. The limitations on what constitutes a ‘philosophical belief’ are that it must be genuinely held; be a belief and not an opinion or viewpoint based on the present state of information available; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; and be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.\"

Well, by that definition, Jediism would qualify, here at TOTJO... There are many 'Jedi' out in the world who claim to be 'Jedi', but without a structure of a belief system.. Short of the quotaion of Wiki or a quote from a novel.... I myself fell into that group, I just felt I was in line with being a 'Jedi'.... I would have fell apart under questioning (I think)...

but so would scientology....

the ultimate power behind any such case or argument is the ability of the defendant to argue the point

So the easter bunny faith can equally be accepted as a religion if someone argues the case powerfully enough

think about this topic CAREFULLY folks

You may or may not be interested to learn that 'Pagan' has now been formerly recognised

the point being similar to the situation in the USA that offical recognition opens the doors in terms of taxes etc etc

Although i find this laughable as the UK was a pagan state long before Christianity strolled along

oh well, thats the state for you

MTFBWY - A

Technically, it's only druidism that's been recognised by the Charities Commission, leaving hundreds of others types of paganism still \"invisible\". On a similar note, there's a ruined castle local to me that's popular at solstice time. Th eland is owned by the Salvation Army, who disapprove of such things but think that all pagans are druids. So when they ask \"are you druids? Because we don't allow druids here!\", we can hand-on-heart say that we're not. Wiccan, taoist, eclectic, etc but not druids!! LOL

MTFBWY

ask em what you are to them and then point out they are not in a position to judge

I bet they ALL celebrate xmas etc and we all know who came up with those festivals

its this sort of behaviour and hypocrisy that drove me away from Christianity

MTFBWY - A

And here's a typical, bigoted, reactionary comment from the right-wing Daily Mail newspaper (Jediism even gets a vague mention!):
http://www.dailymail.co.uk/debate/article-1317490/Druids-official-religion-Stones-Praise-come.html

MTFBWY

Kana Seiko Haruki wrote:

but so would scientology....



the ultimate power behind any such case or argument is the ability of the defendant to argue the point



So the easter bunny faith can equally be accepted as a religion if someone argues the case powerfully enough



think about this topic CAREFULLY folks




Under the first three paragraphs GM Kana, I agree, a well argued case would be all that is neccesarry, thus the broad definition....


Mark Anjuu wrote:

However, case-law has identified the relevant factors that need to be taken into consideration when determining if something may be considered to be a protected ‘religion’ or ‘belief’. The main limitation on what constitutes a ‘religion’, in line with Article 9, is that it must have a clear structure and belief system. The limitations on what constitutes a ‘philosophical belief’ are that it must be genuinely held; be a belief and not an opinion or viewpoint _base_d on the present state of information available; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; and be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.\"


But, when I read this, I am thinking that, (did not want to say assume... lol.......), this is saying in a court of law, for me to say I am a Jedi, or a Easter Bunny Deciple, or a follower of the Great Pumpkin (from Charlie Brown), and have it respected as a valid belief or religion, is that it, \"it must have a clear structure and belief system\"...



Furthermore, have not some of our 'established' religions have violated this, \".... compatible with human dignity and not conflict with the fundamental rights of others. \" in their great and long histories? Trials, witch-hunts, crusades... granted these were done long ago, but they still, today, tell us we are going to hell (or where ever) if we don't see it their way... They still persecute for lifestyle choices or beliefs...

If you do not agree with the majority, your opinion is considered the \"wrong\" opinion.....


\"The limitations on what constitutes a ‘philosophical belief’ are that it must be genuinely held; be a belief and not an opinion or viewpoint\"... A belief not an opinion or viewpoint?

Well, what is an opinion and viewpoint? According to Dictionary.com,

Opinion: 1. a belief or judgment that rests on grounds insufficient to produce complete certainty.

Viewpoint: 2. an attitude of mind, or the circumstances of an individual that conduce to such an attitude.

The law is such a silly thing, the law is a MAJORITY opinion/viewpoint/belief commonly held.... So, can the major religions of the world be dismissed as religion? Only if the majority agree....

Well if thought about carefully.

\"be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; and be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.\"

On the Extremist who take their Religion to far in the country, such as giving Abuse to the LGBT community for example. They conflict with the fundamental right of others and redicule them which isn't compatible with human dignity. Should they be classed as a religion still?

These sorts of people hide under the name of 'religion' and this is one of the problems with extremists of whichever faith you care to name - a very small number give a bad name for the faith when the vast majority of the followers are actually decent people.

But a good point though

MTFBWY - A