Remember, remember the fifth of November, gunpowder, treason and plot.
For most of us, Guy Fawkes Night means fireworks, bonfires and perhaps a slightly overenthusiastic neighbour setting off rockets in the garden. But behind the familiar rhyme lies a darker history of religious persecution, political violence and deep divisions over faith.
In 1605, a group of Catholic conspirators attempted to blow up Parliament and assassinate King James VI & I. Catholics had faced decades of restrictions on their religious freedom, and the failure of the plot only intensified suspicion and hostility towards them, including those who had played no part in it.
Four hundred and twenty-one years later, Britain is a very different place. Religious freedom is now recognised as a fundamental right. Yet the relationship between religious belief, freedom of expression and the power of the state remains a subject of debate.
As Scotland considers several significant pieces of legislation that touch on these freedoms, perhaps the fifth of November offers an opportunity to reflect not only on how far we have come, but on what it means to protect freedom in a society where we do not all believe the same things.
Religious liberty is a hard-won freedom, not something we should take for granted. From a Christian perspective, freedom of belief is rooted in human dignity and the understanding that genuine faith cannot be compelled. Importantly, in modern Britain, freedom of religion must apply equally to people of all faiths and none, including those whose convictions we strongly disagree with. If we are to campaign for freedom of religion for ourselves, we cannot ignore the diversity of cultures and religions that exists in Scotland today. Freedom for ourselves also has to mean freedom for others. Tolerance does not equate to acceptance, but it does mean the freedom to disagree as well as speak out.
Over the next two years, in the Scottish Parliament, we are going to see these freedoms debated at length. There are four significant areas of proposed legislation or reform that raise questions about freedom of religion, speech and conscience: the proposed Misogyny Bill, Human Rights Bill, legislation on conversion practices and potential changes to abortion law following the expert group’s review.
Most of these pieces of legislation are broadly welcomed. Of course we should have a society free of misogyny, with human rights at its heart and harmful forms of conversion therapy banned. But broad principles also have to be upheld within the legislation while protecting freedom of speech and religion and this is going to be an area where politicians will struggle to legislate while holding all demands in balance.
People should not be offensive, but is it right to legislate to protect people from offence? Can we curb one person’s freedom of speech even if we find their views to be offensive? What does that mean for our freedom of speech if others find what we say offensive? What does that mean for our freedom of speech if others find what we say offensive? As a woman I absolutely support the Government’s attempts to protect women and girls from abuse but I struggle with the Government legislating in the areas of thought. I find wolf-whistling to a woman in the street abhorrent, but what happens when I want to stand in the street and speak about my belief that abortion is wrong, and saying that a women’s right to choose is limited when it comes to the value of life of the unborn? Could that be deemed misogynistic when I am questioning the rights of women?
The Scottish Green Party and the SNP now both have the policy of introducing a ban on conversion practices that includes medical and religious settings, as well as the home. So if my 12-year-old daughter asks me to buy her breast binders and I refuse, will I be caught up in this legislation? Or someone asks for prayer to help them come to terms with their sexuality or find guidance as they question their sexuality?
The proposed Human Rights Bill is quickly becoming a bucket bill that everything is getting thrown into, and its scope at present is unclear. This should be monitored closely.
The UK has enshrined hard-fought freedoms that should be protected by our laws and parliaments. But we recognise that freedom is not simply the ability to say or do whatever we choose. It carries responsibilities towards others and must be exercised with love, dignity and respect. Galatians 5:13 provides a useful theological foundation, reminding Christians to serve one another humbly in love.
Of course, we should protect people from genuine harm, but we shouldn’t prevent people from expressing lawful but unpopular beliefs. Religious freedom does not excuse coercion or abuse, but neither should disagreement automatically be treated as harm.
A new campaign was launched this week in Scotland. Protect All Freedoms is focused on safeguarding freedom of speech, religion and conscience, particularly in the context of proposed conversion practices legislation. One hundred of the 129 MSPs elected in May won on a manifesto that promised reform in this area. But we have seen, from the discussions on this topic at Westminster, how this is a complex area that raises questions of thought, freedom, therapeutic counselling, parental rights and freedom of religious expression. Thoughtful engagement and careful scrutiny of legislation are key to avoiding unintended consequences.
Perhaps this is what we should remember on the fifth of November. Not simply that Parliament survived an attempt to destroy it, but that the freedoms we enjoy today were hard won and should never be taken for granted. Freedom of religion, speech and conscience are not just protections for those whose beliefs we share, but for those with whom we profoundly disagree. As Scotland prepares to debate legislation that touches on these fundamental rights, we have an opportunity to demonstrate that protecting people from harm and protecting freedom need not be opposing ambitions. A confident, compassionate society should be capable of doing both. And surely that is a freedom worth remembering, defending and passing on to the next generation.