Reform charity laws

Reform charity laws

Page 40 of 42: All charities, religious or not, should be held to the same standards.

Many religious charities do fantastic work.

But many others fail to provide a public benefit and some cause harm.

It's time to end religious privilege in charity law.

Charity work carried out by people of all faiths and none should be recognised and celebrated. Much of the work of religious charities, such as helping the poor, is secular in nature and beneficial to society.

But there are religious organisations which exploit the privileged status of religion in charity law to conduct activities that do not fulfil a genuine public benefit, and only serve to further religious ideology.

In the worst cases, religious charities may harm society and individuals.

Registered charities must serve a purpose recognised as "charitable". Charity laws specify a list of "charitable purposes," one of which is "the advancement of religion".

Charities must also demonstrate that they provide a genuine public benefit. But guidelines are vague on what constitutes a public benefit, particular in relation to religious activities. There is still an assumption in the charity system that religion is inherently beneficial. This view is not supported by evidence and implies those without a religion are somehow less moral or charitable.

The inclusion of the advancement of religion within charitable purposes gives religion a privileged position in the charity sector. It enables religious organisations to acquire all the benefits of charitable status, including tax relief, gift aid and public respectability, simply by "advancing religion".

It also includes religious organisations that cause harm to society. This includes charities which facilitate religious genital cutting, support the non-stun slaughter industry, and promote extremism, hatred and intolerance of other people.

The NSS believes all charities, religious or not, should be held to equally high standards. That's why we campaign for "the advancement of religion" to be removed from the list of charitable purposes, and for religious charities to be held to the same equality laws as all other charities.

Take action!

1. Write to your MP

Tell your MP it's time for "the advancement of religion" to be removed as a charitable purpose. Enter your postcode below to find your MP and send a letter to them.

2. Share your story

Tell us why you support this campaign, and how you are personally affected by the issue. You can also let us know if you would like assistance with a particular issue.

3. Join us

Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.

Latest updates

NSS challenge Scottish Minister’s comments concerning adoption charity case

Posted: Tue, 29 Jan 2013 10:24

The National Secular Society has published an open letter to Scottish Government Minister Mike Russell, asking him to clarify his position over the St Margaret's Adoption and Family Care Society adoption case.

Last week the Office of the Scottish Charity Regulator ruled that St Margaret's Children and Family Care Society in Glasgow was directly discriminating against gay people by excluding them from becoming adopters, and in doing so was in breach of both charity law and equality law. In response to the news, Scottish Government Minister Mike Russell, who holds the Education and Lifelong Learning portfolio, was reported widely in the media saying that he was 'disappointed' with the decision. Mr Russell promised to meet personally with representatives of St Margaret's and pledged to seek an "urgent solution".

Alistair McBay, National Secular Society spokesperson for Scotland, said: "The 'urgent solution' seems rather obvious to us – that the charity should follow the law.

"We have now written to Mike Russell setting out our concerns at his response and providing additional background to the OSCR decision. We hope this will convince Mr Russell that the Scottish Government should welcome the news that the independent OSCR is doing its job by ensuring that both equality law and charity law is being upheld.

"We also hope it will illustrate that most Catholic – or former Catholic – adoption agencies have altered their policies and practice to comply with the Equality Act 2010 since it came into force, and we urge St Margaret's to do the same in the best interests of the children."

NSS Honorary Associate Patrick Harvie MSP has submitted a motion in the Scottish Parliament that calls on the charity to obey the law and to amend its prospective parent recruitment criteria so that the best interests of children are made the first priority, rather than the upholding of 'irrational prejudice'.

Read the open letter to Mike Russell MSP (PDF)

Read the OSCR ruling in full (PDF)

See also: Family values: Same-sex couples and the Catholic adoption agency by Dana Garavelli (Scotland on Sunday)

Scottish Catholic adoption agency ordered to comply with equality law

Posted: Wed, 23 Jan 2013 16:48

A Catholic adoption agency has been told by the Charity Regulator in Scotland that if it doesn't lift its ban on applications from gay couples it will lose its charitable status.

The Office of the Scottish Charity Regulator has ruled that St Margaret's Children and Family Care Society in Glasgow is directly discriminating against gay people by excluding them from becoming adopters.

The ruling (pdf) follows a complaint from the National Secular Society.

Alistair McBay, spokesperson in Scotland for the National Secular Society, said: "After the ruling in England by the Charity Commission, backed by the courts, that Catholic adoption agencies there were in breach of the Equality Act by denying their services to gay couples, it is logical that the Scottish charity regulator has reached the same decision about St Margaret's.

"Sectarian decision-making has no place in adoption arrangements, and the regulator also found that St Margaret's was discriminating against non-Catholic couples who applied to adopt. This kind of crude discrimination is no longer acceptable in our society – and that goes double where the discrimination is, in effect, being largely financed by the public purse.

"Arguably more important than depriving gay couples of adoption is that St Margaret's policy restricts the pool of adoptive parents, including gay parents, some of whom the Regulator acknowledges have special skills that would be especially appropriate with hard-to-place children.

"If St Margaret's wishes to continue to provide services, it must remove these provisions from its constitution – this will be in the children's best interests. In England, some of the Catholic agencies complied and are now providing their services to everyone without prejudice. Those doing so have generally been faced with the Catholic Church heartlessly withdrawing its co-operation and forcing them to break their link with the Church. Other agencies felt that they could not comply and have closed.

"We hope that St Margaret's will continue to fulfil its valuable role, even if it has to sever its connection with the Catholic Church. We certainly hope it will not take the same route as Catholic Care (Diocese of Leeds) which pursued a long, expensive and, in the end, fruitless appeal with the Charity Commission. The charity's funds can be better spent in the interests of children than being wasted in legal fees to delay the inevitable."

Read the OSCR press release

Read the OSCR report in full (pdf)

More information