UK Supreme Court rules RE taught in NI schools is unlawful

The UK Supreme Court has ruled that Christian religious education (RE) taught in schools in Northern Ireland is illegal.

The UK’s highest court has allowed an appeal by an unnamed father and daughter from Northern Ireland in a unanimous decision.

In 2022 the High Court in Belfast ruled Christian-based RE taught in primary schools in Northern Ireland is illegal. However, the Ministry of Education (DE) later won the appeal against this decision.

However, on Wednesday the Supreme Court unanimously accepted the father and daughter’s subsequent appeal and dismissed the Ministry’s cross-appeal.

Father and daughter challenged the legality of RE education and the practice of collective worship at the primary school she attended between the ages of four and seven.

The proceedings concerned the teaching of RE and the practice of public worship in Northern Ireland, as well as legal issues affecting the people involved in this case.

The Supreme Court upheld the original 2022 Supreme Court decision, which held that both RE and corporate worship at school followed the core curriculum set by the DE and that they were not conveyed in an “objective, critical and pluralistic manner.”

The court said the decision was “not about secularism in the education system” and made clear that “no one is suggesting that RE should not be offered in schools in Northern Ireland”.

The court said: “The family strongly supports the provision of religious education as long as it does not amount to indoctrination.”

The legal action was taken by a father and his daughter who attended a primary school in Belfast. The family took the case anonymously.

At a state-controlled school, the girl received non-denominational Christian religious education and participated in Christian worship.

However, his family did not want him to be taught that Christianity was an absolute truth.

They wrote a letter to the school in 2019 expressing concerns that it did not align with their beliefs.

The family asked whether there were supervision mechanisms to ensure that students received a balanced religious education.

The school said religious education is “Biblically based” and follows the core curriculum for education.

The family argued that their rights had been violated, which required the State providing education to “respect the right of parents to ensure that this education was in accordance with their religious and philosophical beliefs”.

Darragh Mackin of Phoenix Law Firm, acting on behalf of the father and daughter, said the decision was a “watershed moment for education rights in this jurisdiction”.

“The decision makes clear that the state cannot rely on withdrawal mechanisms to justify religious education.”

Mr Mackin continued: “Schools should not put children in the impossible position of being ostracized or stigmatized simply because their parents do not share the religious worldview embedded in the curriculum.”

Speaking to the BBC’s Evening Extra programme, he said it was “probably the most important legal decision on education in the last century”.

Bishop Donal McKeown told BBC News NI he was “pretty optimistic” about the decision and its consequences.

“I think it’s not surprising at this stage in our history,” he said.

“Northern Ireland has changed a lot since the last core curriculum was put together and I think it’s time to review what we teach as a core curriculum and how we teach it. So in that sense, I’m pretty optimistic about the whole thing.”

Bishop McKeown said “there are questions to be asked”, adding that he was positive about “the need for a new RE core curriculum” and was “quite open” to seeing where this goes.

“I’m looking forward to the next stage of the journey, I don’t see this as a negative thing. There are many points that need clarification, this is an opportunity for all of us to participate in the renewal of the RE curriculum to ensure we create a healthy, forward-looking society.”

The Reverend Andrew Forster, Bishop of Derry and Raphoe and Chairman of the Transferer Representatives Council (TRC), said the TRC had noted the decision and “will take some time to consider the decision”.

“The decision concludes a lengthy court process, and we hope that once the decision is considered, it will provide clarity and direction both in terms of the teaching of religious education and public worship in schools.”

The decision also received reaction from political parties.

Green Party councilor Anthony Flynn congratulated the family and said the decision was “hugely important and cannot be ignored by the government”. [Northern Ireland] Executive.”

“No child in a publicly funded school should be pushed into a religious worldview that is not their own. Northern Ireland is changing, our communities are diverse and our education system needs to reflect this.”

Flynn said RE “needs to be balanced, inclusive and modern” and that this is “a chance for NI to finally update its educational framework so that every child feels welcome and respected.”

“The year is 2025. Our schools should represent everyone,” he added.

In an article published on social mediaDemocratic Unionist Party (DUP) MP Carla Lockhart said Wednesday’s Supreme Court decision was “disappointing news”.

“We are determined,” he added.

“Christian teaching and values ​​have long been a part of school life in Northern Ireland and we will continue to work to ensure they are protected.”

Speaking to BBC News NI from Derry city centre, Holly said: “I think it should be an option whether religion is taught in school or not.

“This shouldn’t be forced on you. It will be interesting to see what changes are made to religious education here after today’s decision.”

Carl Anderson, from Dungiven, said: “I think young people should be taught whatever the religious background of their parents and grandparents.

“Religion, color or belief is important for everyone. Respect is easily conveyed and we should be able to live side by side.”

Robbie Meredith, BBC News NI Education and Arts Correspondent:

It started with one family’s experience and led to a very, very meaningful judgment.

The boy was going to primary school, and his family noticed that the boy was praying before meals when he came home and ate.

They were a non-religious family; They didn’t have strong religious beliefs and asked: “Why?”

The kid basically said that’s what he was taught in school.

It is important to be clear that the Supreme Court decision does not mean that the teaching of RE in schools will end or that there will be no more hymns or prayers in school assemblies.

But this also means that some things can change.

The judges said this was a “total absence of pluralism in relation to the teachings or practices of other religions or non-religious traditions and philosophies”, particularly in primary schools.

Therefore, in the future, it is likely that children will be taught not only about Christianity, but also about various religions in RE, from the first years of primary school.

Schools may also need to consider inviting a broader range of speakers, not just Christian clergy or organizations, to school assemblies.