by Grania Spingies
This story floated to the top of the pile of court news last evening in the UK. The Telegraph reports that Judge James Orrell of Derby County in the Midlands has put a rather bizarre stipulation on a divorce settlement, a stipulation apparently not sought by either party to the case. The ex-wife is Catholic, and the stipulation has apparently not been applied to her:
A judge has ordered a father to take his children to Roman Catholic mass as part of a divorce settlement, even though he is not Catholic.
The man, who can only be identified as “Steve” because of reporting restrictions on the case, faces possible contempt of court and a jail sentence if he fails to go to church when he has custody of the children.
It is not clear why the judge decided to go this route, but it’s not the first time this family court judge has made headlines for strange decisions. Back in 2011, he chose to remove a child from its parents after only 15 minutes of hearing; that case was later overturned by an Appeal Court.
Although the father in the new case appealed the “mass” sentence on the grounds that his human rights were breached under Article 9 of the European Convention on Human Rights, which protects freedom of thought, conscience and religion, his application was not successful. It seems that it is not only his rights that are being ignored here; as he says;
“My oldest son, who is now 10, has already expressed a clear lack of belief but legally I am required to take him to Roman Catholic mass at Christmas.”
As someone who had countless tedious and frustrating hours of my youth wasted by the never-ending cycle of repetitive prayers and rituals at my local Catholic church, the father and child have all my sympathy. This is a ridiculous, condescending and insulting decision. There is no reason why the religious party to a marriage should get the legal nod and sanction (although in this case she may not have even asked for it) while and the non-believer is relegated to the status of second-class citizen.
One can only speculate as to what judges think they are doing when they decide to force religion on people in a civil case or otherwise. Religion has never been the Great Ennobler of our species, and especially in a secular country it is a private choice. It is not something that any judge has any business forcing on someone—certainly not with the threat of jail-time to back it up. It is the kind of decision you would expect to see handed down by a court in a crazed theocracy.
h/t: Coel, Pyers