By Jeremy Patrick*

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I’ll post extracts of those provisions arranged according to categories such as “Religious Freedom” (guarantee of individual rights), “Established Religion” (joining religion and government), “Establishment Clause” (separating religion and government), “Ceremonial Deism” (symbolic references to religion that have little or no legal effect), “Equal Protection of Religion” (non-discrimination guarantees), “Preamble”, “Religious Education”, and “Religious Limitations”.
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The Constitution of the Cayman Islands, enacted in 2009 as an order of the Parliament of the United Kingdom, contains strong rhetoric adhering the country to Christianity, but little in the way of substantive legal provisions giving that language effect.

Source:  UK Legislative Archives

Ceremonial Deisms

Schedule 1:  The people of the Cayman Islands, recalling the events that have shaped their history and made them what they are, and acknowledging their distinct history, culture and Christian heritage and its enduring influence and contribution in shaping the spiritual, moral and social values that have guided their development and brought peace, prosperity and stability to those islands, through the vision, forbearance, and leadership of their people, who are loyal to Her Majesty the Queen; Affirm their intention to be

A God-fearing country based on traditional Christian values, tolerant of other religions and beliefs

126. Oath of Allegiance

I………………..do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God.

127. Oath for due execution of office

I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and the people of the Cayman Islands in the office of (here insert the description of the office). So help me God.

128. Oath for due execution of judicial office

I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and the people of the Cayman Islands in the office of (here insert the description of the office) and that I will do right to all manner of people according to the

law without fear or favour, affection or ill-will. So help me God.

1.—(1) This Bill of Rights, Freedoms and Responsibilities is a cornerstone of democracy in the Cayman Islands.

(2) This Part of the Constitution—

(a) recognises the distinct history, culture, Christian values and socio-economic framework of the Cayman Islands and it affirms the rule of law and the democratic values of human dignity, equality and freedom

Religious Freedom

10.—(1) No person shall be hindered by government in the enjoyment of his or her freedom of conscience.

(2) Freedom of conscience includes freedom of thought and of religion or religious denomination; freedom to change his or her religion, religious denomination or belief; and freedom, either alone or in community with others, both in public and in private, to manifest andpropagate his or her religion or belief in worship, teaching, practice, observance and day of worship.

(3) Except with his or her consent or, in the case of a minor, the consent of his or her parent or guardian, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance that relates to a religion other than his or her own.

(4) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination whether or not that community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such education; and this right includes the right of any school or community educational institution to impose requirements on employment, admission or curriculum-design necessary to maintain the religious ethos of that school or institution, subject to applicable employment laws in force.

(5) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief.

Equal Protection of Religion

16.—(1) Subject to subsections (3), (4), (5) and (6), government shall not treat any person in a discriminatory manner in respect of the rights under this Part of the Constitution.

(2) In this section, “discriminatory” means affording different and unjustifiable treatment to different persons on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, age, mental or physical disability, property, birth or other status.

*Jeremy Patrick is a Lecturer in the University of Southern Queensland School of Law. His scholarly work focuses on civil liberties and religious freedom, and he has published several law review articles on blasphemy, the separation of church and state, and more.

For more on this story go to:

legalheresy.blogspot.com/2012/05/religion-provisions-of-cayman-islands.html