Frank Cranmer

Employment, Sex Discrimination and The Churches: The Percy Case

In this paper, the authors present different views of the legal implications of Percy v Church of Scotland Board of National Mission, in which the House of Lords reversed the Court of Session and held that a former minister could sue the Church under the Sex Discrimination Act 1975 and, contrary to previous views, probably had an enforceable contract for services. Cranmer describes the basis for the decision and suggests that it represents a realistic view of the employment status of clergy. Peterson is less optimistic about the decisions legal and practical effects and argues that it undermines the constitutional status of the Church of Scotland as well as overall prospects for religious freedom in Scotland.

Recent Developments in Church/State Relations in Scotland

As already noted, whenever the Church of England contemplates its connection with the State, the question arises as to whether an interesting, adaptable model might exist just over the Tweed. However, the word ‘Establishment’ has a different meaning on each side of the border; indeed, its meaning in Scotland is in some ways quite the opposite of any of its definitions down south.

Human Sexuality and the Church of Scotland: Aitken et al v Presbytery of Aberdeen

Although much of the business of the General Assembly of the Church of Scotland relates to legislation and debates of reports from committees, unlike the synods of episcopal churches the General Assembly is also a court, with exclusive jurisdiction in �matters spiritual�. However, under the terms of Act III 2001, as amended, disciplinary matters are investigated by a Presbyterial Commission and, in disputed cases, ultimately come before the Assemblys Judicial Commission. Cases before the General Assembly were once quite common; but for the 2009 Assembly to find themselves hearing a judicial dispute was very unusual indeed.

Christian Doctrine and Judicial Review: The Free Church Case Revisited

In the latter part of the nineteenth century there were attempts to unite the various bodies which had split off from the Church of Scotland in the previous hundred years. In particular, there were great hopes for a union between the United Presbyterian Church [UPC] and the Free Church of Scotland [FC].

Banns of Marriage: Their Development and (Possible) Future

A marriage in the Church of England or the Church in Wales may take place following the publication of banns of marriage (preferably during morning service) on three Sundays, by special licence of the Archbishop of Canterbury, by common licence or on the authority of a certificate issued by a superintendent registrar. Reports of the death of the church wedding have been somewhat exaggerated: in 2014, the Church of England conducted almost 50,000 weddings, while the Church in Wales conducted just over 3,000.

Religion and Belief in United Kingdom Employment Law: An Introduction to the Case-Law

The interactions between religious belief and employment law touch on a wide variety of issues, ranging from basic questions about the definitions of ‘religion’ and ‘belief’—and, indeed, of ‘employment’—to issues such as time off for religious observance, religious dress in the workplace and the extent to which an employer can impose its religious values on its workforce. This monograph looks at the major issues of religion in relation to employment law in the United Kingdom, primarily by reference to the recent case-law.

General Synod of the Scottish Episcopal Church

The General Synod met in St Pauls and St Georges Church in Edinburgh from 11 to 13 June. In his charge, the Primus, the Most Revd David Chillingworth, told Synod that the most significant challenge before it was same-sex marriage; and he believed that the time had come when that fundamental issue had to be addressed. It had been an extraordinary experience to be in Dublin, the city of his birth, just after the Constitutional Referendum on Same-Sex Marriage, when the most Catholic country in Europe decided to make the change. Just because society changed, the Church did not have to change as well – but it clearly had to consider the possibility of change. And that is what Synod would do.

Peter Ball and Misconduct in a Public Office

On 27 March 2014 the Crown Prosecution Service announced that it had reviewed the evidence gathered by Sussex Police during its investigation into allegations of sexual abuse by Peter Ball, former Bishop of Lewes (1977–1992) and Bishop of Gloucester (1992–1993), and that he would be prosecuted on the following charges

How Relevant to the United Kingdom are the ‘Religious’ Cases of the US Supreme Court?

High-profile cases in the Supreme Court of the United States (‘SCOTUS’) on religion tend to attract a certain amount of academic comment in the United Kingdom but US judgments are cited only infrequently by the superior courts in the UK. In return, SCOTUS rarely cites foreign judgments at all. The reason, it is suggested, is that the effect given by the First Amendment to the US Constitution is to render US case law of less relevance to the UK than, for example, judgments from jurisdictions such as Canada and Australia.

General Assembly of the Church of Scotland

The 2010 General Assembly was perhaps most notable for two events: on Sunday 23 May a special session was held to mark the 450th anniversary of the Scottish Reformation and on 26 May, for the first time in its history, it was addressed by a Muslim, Dr Mona Siddiqui, Professor of Islamic Studies in the University of Glasgow. Otherwise, the Assembly devoted much of its time to detailed issues of church law, governance and the more general needs of Scotlands wider society.2