Glasgow clergymen tell of joy after closure of churches during pandemic ruled illegal

Reverend Dr William Philip, senior minister at the Tron Church on Bath Street, and St Alphonsus' Canon Tom White say places of worship must never be closed again to protect the "spiritual needs" of society. 

Judge Lord Braid today found the Scottish Government regulations were unlawful as they disproportionately interfered with the freedom of religion secured in the European Convention on Human Rights (EHRC).

It comes after nearly 30 Christian leaders from across Scotland launched the legal bid, although this was not endorsed by denominations such as the Church of Scotland or the Scottish Episcopal Church. 

READ MORE: Legal action launched over church closures in Scotland

Speaking after the verdict, Canon White said: "I'm overjoyed to hear that the court has understood the essential need to protect not only the physical and material health of our society but also its spiritual needs and therefore overturned the disproportionate, unnecessary and now deemed illegal blanket ban on public worship."

Rev Dr Philip added: "However well intentioned, criminalising corporate worship has been both damaging and dangerous for Scotland, and must never happen again."

A further hearing will now take place so potential remedies can be discussed.

The petitioners have asked for a declarator that a person living in a Level 4 area may lawfully leave their home to attend a place of worship.

The likes of churches, mosques, and temples are due to be allowed to open on Friday under Scottish Government guidance.

However, it's widely expected a number will now welcome worshippers sooner with the ruling coming into place with immediate effect. 

Judge Lord Braid said: "It is impossible to measure the effect of those restrictions on those who hold religious beliefs.

"It goes beyond mere loss of companionship and an inability to attend a lunch club.

"The fact that the regulations are backed by criminal sanctions is also a relevant consideration.

"Were the petitioners to insist on manifesting their beliefs, in accordance with their religion, they would be liable to be met with a fine of up to £10,000, a not insignificant penalty.

"The above factors all point towards the conclusion that the regulations have a disproportionate effect.

"There are however other factors which point the other way, not least the severity of Covid-19 and the threats posed by the new variant, which I do not underplay in the slightest.

Tron Church on Bath Street

"This factor deserves considerable weight.

"The need to avoid the NHS being overwhelmed is another factor, although if I am correct in saying that the risk is reduced to an insignificant extent by the regulations, this factor attracts less weight.

"The fact that much public opinion, including that of other faiths and church leaders, supports the closures is also a relevant consideration, which I thought initially might carry some weight.

"However, I have concluded that it does not, for a number of reasons."

Lord Braid added: "It is as important to understand what I have not decided as what I have.

"I have not decided that all churches must immediately open or that it is safe for them to do so, or even that no restrictions at all are justified.

"All I have decided is that the regulations which are challenged in this petition went further than they were lawfully able to do, in the circumstances which existed when they were made."

A Scottish Government spokeswoman said: "The First Minister has set out that places of worship will be able to welcome congregations of up to 50 where there is space for physical distancing from March 26 - this is in time for a number of important religious festivals over the next few weeks.

"We acknowledge this opinion and will now carefully consider the findings, its implications, and our next steps.

"Court proceedings are ongoing and it would be inappropriate to offer any further comment at this stage."