Judge declares church closures unlawful

Coronavirus regulations that force the closure of churches in Scotland and criminalise public worship have been deemed unlawful.

A group of 27 church leaders launched a judicial review at the Court of Session arguing Government ministers acted outwith their powers when ordering the closure of places of worship under emergency legislation.

Judge Lord Braid 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).

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

Churches are due to be allowed to open on Friday under Scottish Government guidance.

Rev Dr William Philip, senior minister at the Tron Church in Glasgow said: “However well intentioned, criminalising corporate worship has been both damaging and dangerous for Scotland, and must never happen again.”

A Scottish Government spokeswoman said: “We acknowledge this opinion and will now carefully consider the findings, its implications, and our next steps.”