15 years of the Legal Defence Fund
With over 300 people helped in 2020 alone, The Christian Institute’s Legal Defence Fund is needed just as much today as it was 15 years ago.
Fifteen years of helping protect Christian religious freedom
Today, 8 December, marks the 15th anniversary of our Legal Defence Fund.
The Fund exists to fight cases of national importance for gospel freedom and defend Christians discriminated against because of their faith. But court cases are just the tip of the iceberg. Most of our legal work never makes the headlines as it goes about its daily business of supporting believers across the UK facing pressure because of their stand for Christ.
And with over 300 people helped last year alone, the LDF is needed just as much today as it was 15 years ago.
Stirling Free Church
It is fitting that on this anniversary we are able to announce that another case has been successfully resolved.
In 2019, Stirling Free Church began hiring premises from The Robertson Trust for its Sunday services. When the Trust’s Chairwoman found out, she was reportedly infuriated, complaining that Stirling Free Church “don’t believe in same-sex marriage”. She repeated her objection in correspondence with trustees. The Trust ended the contract, claiming it did not rent for activities promoting religion. In fact, no such policy existed.
But today, a settlement has been reached in which The Robertson Trust admits it broke equality law and has apologised. It has also paid a substantial contribution towards legal costs.
Landmark cases
By June 2021, three of our leading cases had been cited in at least 47 other court judgments.
In 2014, the Scottish Parliament passed a law imposing a state guardian on every child in Scotland. The new law gave teachers and health visitors broad powers to interfere in the upbringing of children and share sensitive personal information with other state officials. Parents had no power to object.
The Institute spearheaded a two-year legal action which eventually reached the UK Supreme Court, where judges unanimously ruled that the scheme was incompatible with the right to a family life and that the Scottish Parliament had acted outside its powers.
The famous ‘gay cake’ case considered whether a Christian business could be compelled to promote a cause with which it profoundly disagreed.
The McArthurs’ family business, Ashers Baking Company, was sued for discrimination after refusing to decorate a cake with the campaign slogan ‘Support Gay Marriage’. We provided the family with expert help and funded their defence.
The UK Supreme Court unanimously ruled that the Christian bakers could not be forced to express a message supporting a political campaign for same-sex marriage. This ruling stands as a hugely significant precedent on the issue of compelled speech, with implications well beyond the facts of the case.
And our most cited case – that of Adrian Smith – raised important issues about the extent to which employees may be disciplined for exercising their rights to freedom of expression, particularly outside the workplace.
Adrian was demoted by Trafford Housing Trust with a 40% pay cut for a private Facebook post saying that same-sex marriage in churches was ‘an equality too far’. The High Court ruled that Mr Smith had done nothing wrong and that the employer had acted unlawfully.
Current cases
Last year Warwickshire County Council dropped its misleading sex education policy after the Institute threatened it with legal action for putting schools at risk of breaching their legal obligations.
The Institute is also currently helping a mother of three who is rightly concerned about her local council promoting radical gender ideology to children. With LDF assistance she is preparing to challenge the council in the courts. The council has repeatedly refused to withdraw the guidance. Yet it presents the law incorrectly, promotes partisan views without balance and recommends resources contrary to Department for Education guidance.
A passion for liberty, a commitment to professionalism and excellence, and a desire for wisdom lie at the heart of The Christian Institute’s Legal Defence Fund – a financial resource to support the right cases in the right way. The Christian Institute’s Solicitor Advocate, Sam Webster
And we are assisting a Christian fostering agency facing demands to stop operating according to its biblical beliefs.
The regulator, Ofsted, told Cornerstone that its policy of only recruiting evangelical Christian carers was unlawful. It said the agency discriminates on grounds of religion and sexual orientation. The Institute succeeded in part at an earlier High Court hearing. But Cornerstone is seeking leave to appeal its case to the UK Supreme Court after the Court of Appeal backed Ofsted’s attempt to re-write the meaning of “evangelical”.
Support
Defending religious liberty in the courts is expensive, but gospel freedom is priceless. A single case can cost hundreds of thousands of pounds if it goes to the highest level. That’s why we only run cases which are of national significance for religious liberty.
Most are resolved positively at an early stage, but there are some cases of vital importance which take years to resolve. The fund relies upon the kind giving of Christians and churches.
Donate to the Legal Defence Fund