British party calls for end of 300-year-old discriminatory law

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LONDON (Catholic Online) – More than 300 years of state-sponsored sectarian discrimination and bigotry against Catholics was challenged by an opposition party in England this week with a legislative motion calling for its end.

Liberal Democrat equality spokesperson Lorely Burt announced May 23 that the party has introduced in the House of Commons the “Discrimination Against Catholics” motion that takes aim sections in the Bill of Rights 1688, Act of Settlement 1700 and the Union with Scotland Act 1706 which prevent a “monarch from being a Catholic and the spouse of the monarch from being a Catholic.”

"There is a fundamental principle of discrimination here,” said Burt, reported Independent Catholic News. “It is unacceptable that in 2007 we still have ridiculous laws on our statute books that, for example, prevent a Catholic from marrying the heir to the throne.”

Burt called upon British Prime Minister Tony Blair to “consider removing this institutional discrimination” before stepping down on June 27.

"After all,” Burt said, “if reports are to believed, he may have a rather more personal interest in Catholic affairs when he leaves Number 10” Downing St., the residence and office of the prime minister, referring to rumors of Blair’s imminent conversion to Catholicism. “He should act whilst he still has the chance.”

The text of the Early Day Motion 1532 reads as follows: “That this house believes that nobody should be subject to unfair discrimination on grounds including, but not limited to race, sex, sexual orientation, disability, age, gender identity or religion; notes that the laws of this country continue to discriminate against Catholics in a completely unjustifiable manner; resolves to remove the bar on a Catholic marrying the heir to the throne; and further resolves to allow a Catholic diocese to be given the same name as an Anglican diocese and calls on the government to include such measures in its forthcoming Single Equality Bill. “Currently the Bill of Rights 1688, Act of Settlement 1700 and the Union with Scotland Act 1706 prevent the monarch from being a Catholic and the spouse of the monarch from being a Catholic. These laws concerning Catholics have not been repealed. The Roman Catholic Relief Act (1926) ended punishment for naming a Catholic diocese that same as an Anglican diocese, but doing so still remains technically illegal.” Last year, a Scottish cardinal launched an attack on the 300-year-old Act of Settlement, decrying “state-sponsored sectarian discrimination” which leaves a blight on the cultural landscape.

Cardinal Keith O'Brien of St. Andrews and Edinburgh, in remarks to the Glasgow-based Scotland on Sunday published Aug. 6, said Scotland remains afflicted by a “shadowy sectarian culture.

He said that sectarianism is codified in law through the Act of Settlement.

"Our constitution contains legislation which describes my faith as 'the popish religion' and defines me and my co-religionists as 'papists'. That this arcanely offensive language enjoys legal sanction is outrageous,” Cardinal O’Brien said.

He said that sectarianism will continue to thrive until the British constitution is changed to amend the settlement act.

“Anyone who seriously believes that introducing legislation aimed at eradicating sectarian attacks, which are often verbal, while elements of the very lexicon of hate they seek to abolish remain on our statute books is indulging in willful ignorance."

"How can the state … claim that religious discrimination is wrong,” he asked, “when the state in the form of an act of Parliament states that it is right?"

Cardinal O’Brien called upon “all those involved in anti-sectarian initiatives, at every level to accept and acknowledge that this legislation constitutes a blight on their efforts and its repeal would dramatically improve the prospects of their work bearing fruit."

Change in the Act of Settlement would have to be ratified by 15 parliaments of the British Commonwealth and would require amendments to at least eight separate acts stretching as far back as 1688, and including the Union with Scotland Act of 1706.

Opponents of repeal believe that repeal could lead to a Catholic assuming the throne, and could lead to the disestablishment of the Church of England as the state religion, as the English monarch must swear to defend the faith and be a member of the Anglican Communion.

Earlier in 2006, Blair rejected calls for repeal.

British Cardinal Cormac Murphy O'Connor of Westminster urged repeal of the law in June 2002.

The Act of Settlement, he said, "is not so much that it is an act of discrimination against Roman Catholics - which it is - but it seems to me to be discrimination against the royal family."

He said at the time the law needed changing so that Prince William could marry someone of any faith. "I think the future monarch should be able to marry who he wants," he said.

"Talking about Prince William, he can marry by law a Hindu, a Buddhist, anyone, but not a Roman Catholic,” he said. "That seems to me anomalous and I think it should go."

Catholic Online

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New regulations coming into effect from today make it unlawful for anyone providing goods, facilities and services to discriminate on the grounds of religion or belief.

Part two of the Equality Act applies to England, Scotland and Wales from 30 April, outlawing such discrimination whether because of a person's "real" or "perceived" religion or belief, or their lack of religion or belief.

As such, businesses will not be able to refuse to supply their normal service to someone because of their religion or belief. Indirect discrimination - treating someone with a particular belief more or less favourably than others - is also outlawed.

Other aspects covered by the regulation include victimising someone complaining about such discrimination, advertising in a way which shows an intention to discriminate unlawfully, and "causing" discrimination.

The regulations also prohibit discrimination on the basis of the religion or belief of someone else with whom a person is associated, such as a friend or member of their family.

There are certain exceptions under the new rules, such as those acting on behalf of organisations with the purpose of practicing, "advancing" or teaching a particular religion, or those using a skill in a certain way for a single religion - for example preparing only halal or kosher food.

Guidance available

The Department for Communities and Local Government (DCLG) said that the concepts of religion and belief in the Equality Act would be interpreted by the courts with reference to relevant case law and the European Convention on Human Rights.

"This will mean that in order to attract protection under the Act, a religion or belief should attain a certain level of cogency, seriousness and cohesion, and not be incompatible with human dignity," it said.

Part three of the Equality Act also comes into effect today, outlawing discrimination in the provision goods, facilities and services on the grounds of sexual orientation.

The DCLG has produced guidance relating to both parts of the Act, which can be downloaded from its website - see links above/right.

A spokesperson for the Government department said: "The guidance which accompanies the regulations make it clear that businesses simply need to provide services in a non-discriminatory way - like the vast majority already do.

"Discriminating does not make good business sense and most businesses have already taken steps to make sure that they treat everyone fairly. The new regulations are very similar to existing anti-discrimination measures that provide protection from race and sex discrimination in service provision."

Employment change

Meanwhile, a minor amendment to the Employment Equality (Religion or Belief) Regulations, made under Section 77 of the Equality Act, also comes into effect today.

Here, the definition of 'religion or belief' is altered from "any religion, religious belief or similar philosophical belief" to "any religion, or religious or philosophical belief" - removing the word "similar.

Although only a small change, it has been suggested by some that this has the potential to open up the laws on discrimination to include political beliefs.

Audrey Williams, of law firm Eversheds said: "While this is a relatively minor amendment to the regulations, there could be far-reaching consequences."

Norwich Union