The Equality Bill 2008-2009, which will extend both to England and Wales, and to Scotland, covers age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It also requires public authorities to do more to tackle the effects of socio-economic disadvantage. The Bill has received a hostile response among some religious groups, while the response of the large churches (including the Church of England) has been to welcome its principal aims while contesting aspects of its detail - particularly in terms of lobbying for opt-outs and provisions which would allow continued discrimination on grounds of sexuality and gender by faith bodies on grounds of 'upholding beliefs'. In this paper, Savitri Hensman assesses the issues and suggests that the churches need to move forward positively, on theological and practical grounds, in affirming comprehensive equalities in the public sphere. She also tackles the harm that discrimination and inequality causes, not least to the most vulnerable and those suffering prejudice.

Over the past eleven years, the British government has passed a number of laws that specifically tackle, or include directly in their provisions, protection of the freedom of ‘religion or belief’ – based on the right to hold or not to hold religious or other philosophical beliefs. This paper looks specifically at how ‘religion or belief’ is defined, particularly in relation to the Equality Act 2006 / 2007, and locates this within the wider policy-led and academic attempts to define ‘religion’. Looking at some of the implications of the definitions applied, it goes on to summarise key elements of current law on non-discrimination, drawing on public sources and examples from the Equality and Human Rights Commission. Nothing in this background paper constitutes legal advice or should be read as constituting such advice. If you have legal questions or requirements, please consult a qualified lawyer.