Why must schools make Religious Education a core subject in order to protect their religious ethos?

Why is curriculum Religious Education a ‘core subject’ in Irish schools? Catholic and ETB schools say it is in order to uphold the religious ethos of the school. But is this necessary and proportionate to pursue this aim? Before the curriculum Religious Education course and examination was devised, the Department of Education gave the NCCA legal advice about it.

That legal advice stated that  it would be unlikely that a court would be convinced by the argument that the Religious Education examination came within the constitutional provisions guaranteeing free profession of religion, as it could hardly be said that the course was necessary for the free practice and profession of the Christian religions.

Atheist Ireland got this advice under the Freedom of Information Act and we quote it below.

In Catholic and ETB multi-Denominational and Interdenominational schools, curriculum Religious Education is a core subject on the curriculum. This means that students who exercise their Constitutional right to not attend are not offered another subject. They are punished for exercising their right to not attend religious instruction, as they get less points in their junior and Leaving Certificate.

The Education Act 1998 and our Equality legislation legally oblige school Boards of Management to uphold the ethos of the Patron. Our equality legislation makes exemptions for schools with a religious ethos to discriminate in order to uphold the religious ethos of the Patron. The purpose of this legal religious discrimination is to uphold religious freedom and the rights of Catholic parents in relation to the religious education of their children.

Who has made curriculum Religious Education a core subject?

So the Patron bodies of Catholic schools and ETB schools make curriculum Religious Education a ‘core subject’ and say they do this in order to uphold their religious ethos.

• The Catholic Church guidelines clearly say that religious education is a core subject on the school curriculum and an integral part of the ethos of the school.
• The ETBI have told us that curriculum Religious Education reflects their multi-denominational status.

The Department of Education does not have any Guidelines about the right to not attend religious instruction. Instead, it leaves it up to each school how they implement the right to not attend religious instruction, even though they know most schools do not in fact implement this right.

But the Department has issued Circular Letter M19/1999 which states that curriculum religion is optional for schools. So it is schools and patron bodies that are claiming that curriculum religion reflects their religious ethos, and that is the reason that it is a core subject. We have previously addressed this aspect in more detail here:

• Any religious teaching is an optional subject, regardless of what schools might say

What does the Catholic church say about this?

According to the Catholic church’s Guidelines on the inclusion of other beliefs in catholic schools, enrolment policies need to clearly state that Religious Education is a core subject on the school curriculum, and an integral part of the ethos of the school.

This is what the Catholic Guidelines state:

“Enrolment policies need to clearly state that Religious Education is a core subject on the school curriculum and an integral part of the ethos of the school. All students are encouraged to participate in Religious Education.”

The Catholic Guidelines are specifically referring to curriculum Religious Education. This is the Junior and Leaving Certificate subject developed by the NCCA.

We don’t support or identify with the ethos of Catholic or multi denominational schools, because we are not Catholics and nor are we a denomination. The state ‘provides for’ the education of our children in denominational, multi-denominational, and interdenominational schools. There are no non-denominational schools in Ireland with a secular ethos.

If Catholic parents want their child to take curriculum Religious Education, it is available to them in Catholic and in ETB schools and colleges. The Catholic Church guidelines clearly say that the religious education curriculum is an integral part of their ethos and they are referring to the State Religious Education curriculum.

What legal advice did the Department give to the NCCA?

So why is it necessary or proportionate for children from atheist and secular backgrounds to be punished in order to uphold the religious ethos of schools and religious freedom? Why is it seen as necessary and proportionate to refuse to offer students another subject if they object on conscience ground to curriculum Religious Education?

Atheist Ireland obtained under FOI some of the legal advice in relation to the introduction of curriculum Religious Education and its examination. That legal advice came from the Department of Education in a letter to the NCCA before curriculum RE was introduced.

That legal advice states that:

So the legal advice from the Department of Education was that it would be unlikely that a court would be convinced by the argument that the curriculum Religious Education course came within the constitutional provisions guaranteeing free profession of religion, as it could hardly be said that the course was necessary for the free practice and profession of the Christian religions.

And the question we asked at the start of this article remains the same: why is it necessary and proportionate for curriculum Religious Education to be a core subject in order to uphold the religious ethos of a school?