The advancement of religion in a pluralist society (Part II): abolishing the public benefit element

Abstract

If legislatures are not prepared to treat religion separately from charity, this article argues that much of the intended gain could be had by abolishing the requirement in the case of religion that there be public benefit in religious purpose. The law's long-standing and alleviating presumption of the existence of public benefit has been abolished in the UK's three jurisdictions to the concern of the faithful, while the Irish Republic has made the presumption conclusive. Other jurisdictions remain silent. At the same time ‘spiritual benefit’ is something that, unlike material or tangible benefit, secular courts say they cannot assess. The result is confused thought and elusiveness rather than explanation. The only way forward, it is argued, is to recognise religion for what it is, belief and doctrine. The law has remedies to counter the unlawful and the harmful.