The Court of Appeal issued a judgment on Thursday, December 5 in the case of children’s worker, Celestina Mba.
Importantly, it gives legal recognition to the fact that Sunday is a day of worship and rest for many Christians and so is, in principle, worthy of protection.
This is a very positive step because the Court dismissed earlier rulings in the case that claimed that Sunday ‘is not a core component of the Christian faith’. These tribunals had suggested that, since not all Christians observe Sunday, it’s not a ‘core component’ of Christianity (with the implication that it therefore enjoys little protection).
Error of law
The Court of Appeal has rightly said that it was an ‘error of law’ to apply such a test. The Court held that beliefs about Sunday were in principle protected. This is a significant step forward. It reduces an otherwise huge hurdle in cases such as Celestina’s. It means that there are greater protections, in principle, for those Christians who hold that Sunday is special. It should also help to secure greater protections for other Christian beliefs and behaviour.
Sadly, however, even though the significance of Sunday has been recognised in this way, the Appeal Court didn’t order a new hearing to apply the correct test to the facts of the case. This means that Celestina’s dismissal was upheld. Christian Concern are considering next steps but are encouraged by much in this judgment.
