Freedom of Religion

Question 1

where is the freedom of religion provided for in the constitution?

Answer 1

Freedom of conscience and the free profession and practice of religion are subject to public order and morality, guaranteed to every citizen.

Question 2

what does the state guarantee in regards to freedom of religion?

Answer 2

The state guarantees not to endow any religion

- cant have a state sponsored or favoured religion

Question 3

what must the state not impose in regards to freedom of religion?

Answer 3

The state shall not impose any disabilities or make any discrimination on the ground of religious profession, belief of status

Question 4

what does every religious denomination have the right to do?

Answer 4

Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes

Question 5

Freedom of consciences and McGee v AG

Answer 5

• Challenge to ban on contraception
• Argued it violated her freedom of conscience
• Held – ‘Freedom of conscience’ means freedom to choose a religion and to act in accordance with its precepts Also entitled the right not to have a religion and to abstain from being involved.

Question 6

Prohibition of religious discrimiation - quinn’s supermarket v AG

Answer 6

• Ban on selling meat on Sunday and on evenings
• Total exception for shops selling kosher meat
  (Sabbath is Saturday, so needed to buy meat on Sunday)
• Held – Some favourable treatment for kosher shops was justified
• Proportionality – Ban went too far: only a need to allow open on Sunday for a few hours.
• Cannot go further than is ‘necessary’ - test is one of necessity - only what is necessary to give effect to their needs

Question 7

Guarantee not to endow any religion - Facts of Campaign to Separate Church and State v Minister for Education

Answer 7

• Challenge to State funding school chaplains
• Held – Endowment means payment to a religion in perpetual or quasi perpetual form
• Held – So long as chaplain was not forcing child to undergo religious instruction at his hands then no breach occurred
• Also noted – No child can be forced to attend religious instructions

Question 8

Guarantee not impose any disabilities or make any discrimination in including state funding of schools - Facts of McGrath v Maynooth College

Answer 8

• Two lecturers became process of laicization ie leaving priesthood
• Dismissed when they refused to wear clerical dress and reside within college
• Argued – Amounted to discrimination on religious grounds
• Held – Defendant is a religious institution managing its own affairs under Art 44.5 and State must respect that

Question 9

Guarantee not impose any disabilities or make any discrimination in including state funding of schools - Facts of Mulloy v Minister for Education

Answer 9

• Priest who taught in Nigeria was denied incremental salary credits
• Only reason was because he was a priest
• i.e. lay teacher would have gotten the extra pay
• Held – Unconstitutional discrimination of religious grounds

Question 10

Freedom of consciences and Murphy v independent Radio and television commission

Answer 10

• This case shows that freedom of religion is not an absolute right
• Challenge to ban on religious (and political) advertising
• Held – No discrimination as ban aimed at class of material rather than a set of people who profess a religious belief
• Held – Primia facia impact on freedom of religion but was proportionate as religion issues had proven divisive in the past