Re T (Minors) (Custody: Religious Upbringing): CA 1975

(From 1975) Scarman LJ discussed the way courts should allow for religious beliefs (here the Jehovah’s Witnesses) in the context of a child’s welfare, saying that they deserved respect where they were not ‘immoral or socially obnoxious’ and: ‘there is a great risk, merely because we are dealing with an unpopular minority sect, in overplaying the dangers to the welfare of these children inherent in the possibility that they may follow their mother and become Jehovah’s Witnesses. Of course, most of us like to play games on Saturdays, to go out to children’s parties and to have a quiet Sunday – some of us will go to church, and some of us will not. This appears to be the normal and happy, even though somewhat materialistic, way of life, accepted by the majority of people in our society. It does not follow, however, that it is wrong, or contrary to the welfare of children, that life should be in a narrower sphere, subject to a stricter religious discipline’
Scarman LJ spoke very strongly and positively about the lives which Jehovah’s Witnesses lead and of the fact that they are to be respected.

Judges:

Scarman LJ

Citations:

(1981) 2 FLR 239

Jurisdiction:

England and Wales

Cited by:

CitedRe X (A Child) FD 29-Oct-2020
Limited transfusion against young adults wishes
The Court was asked whether a blood transfusion should be administered to a young woman who was almost, not quite, 16, against her profound religious beliefs. X is a Jehovah’s Witness. She has explained to me, in very powerful and moving words, the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 04 May 2022; Ref: scu.656347