Atheist Ireland is writing this week to the Minister for Education and all of the political party Education spokespersons, to seek meetings to discuss the recent decision of the Court of Appeal in the Burke case (Burke v Minister for Education 9.3.21).
We believe that this case vindicates our Constitutional right to ensure that our children do not attend any type of religious instruction that is against the conscience of their parents.
We want to discuss this in the context of the following related matters:

• The fact that the Supreme Court has found that Religious instruction under Article 44.2.4 of the Constitution must be read in conjunction with Article 42 (Religious Education) which contemplates children receiving religious education in schools in accordance with the wishes of parents (Page 25,26 Campaign to Separate Church & State case 1998).
• The legal opinion that we sent to them on 12 August 2020 on the right to not attend religious instruction under Article 44.2.4 of the Constitution. This is a personal right protected under Article 40.3.1°. The State and individual schools must respect this right.
• The report that we sent to them on 20 October 2020 showing that schools are refusing to comply with Section 62.7(n) of the Education (Admission to Schools) Act 2018. This Section obliges schools to publish an Admission Policy which must include details of the school’s arrangements for students who do not want to attend religious instruction.

The Burke Case
In the recent Burke case the Court of Appeal has stated that the Campaign case in 1998 is binding authority (para 171). We believe that because there is explicit constitutional recognition of the right to not attend religious instruction which must be read in context with Article 42 (J. Barrington Campaign case, pages 25,26), appropriate consideration should be given in policy decisions by the Department of Education.
Our children are disadvantaged by our decision to exercise our Constitutional rights, and the fact that the Department continues to leave it up to each school how they implement the right, notwithstanding the fact that the Minister has a Constitutional duty to vindicate our rights.
If students do manage to exercise their right to not attend religious instruction they are left sitting in the class and no other subject is offered. They lose out on precious school time and at second level they cannot access an exam subject because their parents exercise their Constitutional rights (syllabus Religious Education).
We do not believe that it is possible to continue to insist that it is up to each individual school how they implement the Constitutional right to not attend religious instruction, given that the Court of Appeal in the Burke case did not accept the Minister’s argument for a limited view of the duties imposed on the State under Article 42 of the Constitution.
Nor do we believe that it is possible for the Minister to continue to claim that syllabus Religious Education is suitable for all religions and those with no religion, because clearly that decision belongs to parents under Article 42 and Article 41 in conjunction with Article 44.2.4 and not the Department of Education, the NCCA, Schools, TUI or Teachers. The Constitutional position is the opposite of what the Minister is claiming.
The Campaign Case
Justice Barrington in the Campaign case at the Supreme Court stated that it would be constitutionally impermissible for a Chaplain to instruct a child in a religion other than its own without the knowledge and consent of its parents. How is that different for Religion teachers and schools who enrol students into syllabus religious education classes by claiming that they are for all religions and none?
It is not reasonable for the Department to continue to state that religious instruction only applies to instruction according to the requirements of a particular religion, as clearly that is not the Constitutional position. Unfortunately that is what is happening on the ground in schools. Schools are claiming in their Admission policies that the Religious Education provided by the school is suitable for all religions and none. Some schools integrate the Guidelines for the Faith Formation and development of Catholic students into the State syllabus and never inform students or parents that they are doing this.
Schools just enrol students into religion courses without any consideration of their Constitutional rights. If Parents insist that their child not attend religion classes they are asked to a meeting in the school and many are asked reasons for opting out. Read more…

Calling concerned teachers

If you are a teacher and concerned about unwanted religious influence contact Chris at teachers@atheist.ie