#online_worship_is_not_real_christian_worship
Issued
by Christian Concern
Press
release
For
immediate release
24
March 2021
Victory
for Scottish church leaders, as judge rules government, acted unconstitutionally
when criminalising gathered worship
In
an historic judgment, today a judge has ruled that the Scottish Ministers'
decision to ban and criminalise gathered church worship during the current
lockdown was unconstitutional and a disproportionate interference with Article 9
ECHR rights.
The
ruling is believed to be the first successful legal case against covid
regulations in the UK.
Handing
down judgment, Lord Braid also ruled that online worship is not real Christian
worship, stating that it is not for the Scottish Ministers to: "dictate to
the petitioners or to the additional party, that, henceforth, or even for the
duration of the pandemic, worship is to be conducted on-line. That might be an
alternative to worship but it is not worship. At very best for the respondents,
in modern parlance, it is worship-lite."
Supported
by the Christian Legal Centre, 27 Scottish church leaders, from a range of
Christian denominations, had brought the legal action stating that the
unprecedented closures were unlawful and breached Human Rights law and the
Scottish constitution.
The
leaders come from the Free Church of Scotland (Continuing), the Free Church of
Scotland, the Church of Scotland, and a number of independent churches.
Their
claim came in response to the restrictions outlined by First Minister, Nicola
Sturgeon, on Friday 8 January 2021, which made it a criminal offence for
churches in the highest tiers, to hold in-person services and, for example, to
conduct baptisms.
At
a full judicial review hearing at the Court of Session in Edinburgh earlier in
March, the leaders had sought a declarator (a declaration order) that the
restrictions on churches were unlawful and a declarator which would allow
people to attend church, should the tier system be reintroduced.
There
has been no attempt to close churches in Scotland since the persecution of the
Presbyterian church, instituted by the Stuart kings, in the 17th century.
‘Must
never happen again’
Responding
to the ruling, Rev. Dr William Philip, Senior Minister at the Tron Church in
Glasgow, said: “We are very pleased that Lord Braid has recognised how
essential gathered church worship is to our communities and to Scotland as a
whole.
“From the outset, we have recognised the
serious decisions the Scottish Ministers had to take in response to the
pandemic. However, its approach to banning and criminalising gathered church
worship was clearly an over-reach and disproportionate and if this had gone
unchallenged it would have set a very dangerous precedent.
“However well-intentioned, criminalising
corporate worship has been both damaging and dangerous for Scotland, and must
never happen again.
"There
is an urgent need for a message beyond that of just health and safety: a
message of hope and salvation, and Jesus Christ is the only hope that dispels
all fear, death included. Now is the time as we begin to exit the current
lockdown for the church in Scotland, and across the UK, to provide the
spiritual leadership that is so desperately needed.”
Andrea
Williams, chief executive of the Christian Legal Centre, said: “Over centuries,
Christian worship has been regarded as a fundamental freedom in the nations of
the United Kingdom. During this pandemic, for the first time in history, our
governments chose to criminalise gathered church worship.
"We
are thankful and relieved that the High Court in Scotland has recognised this
dangerous interference with our God-given right to engage in worship for
exactly what it is, and ruled it unconstitutional. The fundamental principle of
freedom has prevailed with a strong dash of good old common sense.”
‘Irreconcilable
conflict’
During
the judicial review on the 11 and 12 March, Janys Scott QC, representing the 27
Scottish church leaders, argued that the pandemic had highlighted an
“irreconcilable conflict” for church leaders between obeying the state and
God.
“Church
leaders do not lightly take to law,” Scott told the court. “My note of argument
makes no apology for starting with a statement — and that is Jesus is Lord
because that encapsulates the issue as far as the petitioners are concerned.
“The
Scottish ministers have presented these 27 church leaders and very many more
ministers, church elders and ordinary members of the congregation with a deep
crisis.
“As
Christians, their primary obedience is to God and not to the state and there is
a fundamental obedience in regular communal public worship.
“Regular
communal public worship is a central part of the Christian’s life of faith and
of the church’s being.
“And
to be absolutely clear this is not about buildings — it’s about assembly of
congregations; the sacraments of communion and baptism and the ministry between
members of a church are integral aspects of expression on what it is to be a
Christian and to belong to a Christian church.
“The
petitioners would say that faith is a matter of hope in life and in death and
it’s more than mere obedience and that it is essential, particularly at a time
of national crisis.”
Scott
argued that the closure of churches is unlawful, criminalises public worship
and goes against centuries-old practice that churches in Scotland have
authority over their own affairs free from state interference.
She
accused John Swinney, the Deputy First Minister of holding a “condescending and
inaccurate” attitude towards public worship, by treating churches as if they
are a “matter of personal welfare or comfort”.
“The
Deputy First Minister does not understand”, Scott said. “The primary purpose
for worship is not for social or mental well-being. Public worship is a robust
central aspect of the practice of the Christian both individually and as a
church.
“It
is important because that it is no exaggeration to say that over the centuries
Christians have died in the defence of the public worship in the church and
Christians continue to die in the defence of the public worship in church.
“There
is an irreconcilable conflict between the obedience of the Christian church to
their God or God and obedience to the state.”
Scott
told the court that past legal rulings and the nature of the constitution meant
that the state couldn’t interfere with churches.
She
also said the European Convention on Human Rights did not allow the Scottish
Ministers to take the action of stopping public worship.
“It’s
not for the government to question the legitimacy of beliefs or the manner in
which they are expressed,” she said. “The petitioners say that public corporate
worship is essential to the church — it is of the essence, of the being of the
church and that is a matter for them.”
‘Double-Speak’
In
her concluding remarks, Scott said: “Without wanting to resort to hyperbole,
what is worryingly insidious about the way this has been presented to us
politically is, ‘oh no, we haven’t closed your churches’ – and that’s in the
face of a regulation that says places of public worship will be closed.
“That’s
what the First Minister said and that’s what’s been said in the course of
argument for the Scottish Ministers.
“When
one starts using double-speak like that one gets to exactly the issue which
Article 9 is designed to forfend.
“I’m
saying this from the perspective of a group of ministers and church elders who
want to defend their right to worship, but it is there as an underlying point
which is protected for good reason by the European Convention on Human Rights.”
ENDS
Notes
to editors:
Written
judgment: https://christianconcern.com/.../CC-Resource-Judgment...
=====
https://www.judiciary.scot/home/judiciary/judicial-office-holders/senators-of-the-college-of-justice/lord-braid
"Lord
Braid was appointed a judge of the Supreme Courts in November 2019, and
installed on 23 June 2020."
