Freedom of Religious Association

At his Religion Law Blog , British attorney Neil Addsion discusses the legal case, Fernandez-Martinez c. Espagne .  This is a case before the European s in which a Roman Catholic Religious Education teacher (Jose Antonio Fernandez Martinez) at a State school brought a lawsuit against a Roman Catholic bishop for his refusal to renew the teacher’s contract because the teacher was an advocate of “pro-optional celibacy.”

This is an interesting legal case which concerns the issues of freedom of religion and freedom of association for religious groups.  Similar issues are currently being hotly discussed in the United States over the issue of whether or not religious groups can be forced to provide for their employees insurance coverage for contraception and/or abortion.  A secondary issue in the United States is whether or not church-sponsored schools, health clinics, food ministries, etc. which are not directly “religious” in nature are also “church;” whether or not these institutions are also covered by the same freedoms and guarantees as are literal churches.

Laws from one nation are not directly applicable to another since each country or group of countries is autonomous, but rulings in one country can establish a precedent which can be taken into consideration in deliberations in another.

“ … the teacher was submitted to an increased obligation of loyalty because of the special nature of his position. …  The judgment is undoubtedly important in the sphere of Human Rights jurisprudence and could strengthen the position of Faith Schools in the UK in relation to ensuring that the conduct of teachers conforms to the beliefs of their religion.”  Neil Addison

Without approving or disapproving of the action of the bishop in this case or any other, it is clear that the real underlying issues are far more fundamental than they, at first, seem to be.