Introduction

Many of the new pieces of religion law protect religious freedom mainly as an individual right. Chapters 5 and 6 will show how developments in human rights law and discrimination law are very much focused upon the religious individual. However, this is not to say that religious groups are ignored. There are a number of laws which provide special treatment for religious groups and organisations. This chapter explores the main ways in which English law recognises and regulates religious groups. A distinction is often made between the legal position of the Church of England on the one hand and all other religious groups on the other. As we have seen, following the Reformation the Church of England was the only lawful religion. Although over time other religious groups became tolerated, the Church of England was still seen as the norm. And that impression can still be found in the modern law in the way in which the Church of England remains established by law.

This chapter explores the extent to which the Church of England is in a different legal position from that of other religious groups and questions whether these differences should be regarded as being benefits or burdens. It falls into two sections. The first examines the legal position of the Church of England, while the second looks at the legal position of all other non-established groups.