The heterogeneous origins of religion as a category in law in the United Kingdom: Implications for education

Abstract

This paper examines the origins of ‘religion or belief’ as a protected characteristic as it came to be enshrined in the Equality Act 2010. In relation to the Equality Act 2010, heteronomous definitions, derived from race relations legislation can tend toward a conflation of race and religion. An example of this is the Mandla v Park Grove School case (1978) which determined the right of a Sikh boy to wear a turban to school through the application of the Race Relations Act 1976. Later jurisprudence including Begum v Denbigh High School (2006) and legislation such as the Racial and Religious Hatred Act 2006 further draws upon the language of race to treat of religion or belief, resulting in a heterogeneous (mis)representation of religion which tends both toward essentialism and a deficit model of religiosity. With reference to education, a Christian welfarist orientation toward ‘religious instruction’ can be traced back to 1788, in the 20th century this begins to be supplanted by a concern for ‘religious neutrality’ derived from colonial practices of governance in India. Drawing on these, it is possible to recover a more positive and authentic definition of the role of religion in UK law.