The Advancement of Religion - Charitable Purpose - Religion

4 important questions on The Advancement of Religion - Charitable Purpose - Religion

Thornton v Howe (1862)

A trust for the publication of works of Joanna Southcote was considered to be for the advancement of religion, Joanna Southcote having claimed that she was with child by the Holy Ghost and would give birth to a second Messiah.

CA 2011, section 3(2)(a): Interpretation of 'religion'

Defines religion as including a belief in more than one god and even a religion that does not involve a belief in god.

Re South Place Ethical Society [1980]

The Society's objects of studying and disseminating ethical principles and cultivating rational religious sentiment was held to not involve the advancement of religion since a religion was concerned with man's relationship with God and ethics with man's relation with man.

Dillon J also indicated that religion required faith in a god and worship of that god.

This is inconsistent with the statutory definition of religion, which does not require a belief in god.

In the end, it was held to be charitable as being for the advancement of education and for other purposes beneficial to the community.
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Church of Scientology (England and Wales) [2005]

The Charity Commission decided that the Church of Scientology should not be registered as a charity because although followers of Scientology believe in a supreme being, they do not worship, but engage in one-to-one counselling and studying the works of a science-fiction writer.

In Australia, Scientology has been held to be charitable.

It is likely that, under the CA 2011, Scientology will be classed as a religion but it will still be necessary to establish the public benefit requirement, which was a further reason why the Charity Commission refused to register it.

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