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10:32am Friday 10th February 2012 in National News © Press Association 2011
A test case bid to outlaw prayers before local council meetings has been won by the National Secular Society and an atheist councillor.
They challenged the practice of Bideford Town Council in Devon of having religious prayers on meeting agendas.
Mr Justice Ouseley, sitting in London, ruled: "The saying of prayers as part of the formal meeting of a council is not lawful under section 111 of the Local Government Act 1972, and there is no statutory power permitting the practice to continue."
The legal challenge was launched in July 2010 after the society was contacted by Clive Bone - a non-believer who was then a Bideford councillor. Mr Bone later left the council because of its "refusal to adjust" its prayer policy.
Society lawyers argued that council members who were not religious were being "indirectly discriminated against", in breach of human rights laws. But the case was not won on human rights grounds, but on a point of statutory construction of local government legislation.
Later Simon Calvert, of the Christian Institute, described the ruling as "bizarre".
He said: "We are pleased that the court has said the saying of prayers at meetings does not breach human rights laws - but it is bizarre that they should be declared unlawful because of the 1972 Local Government Act."
The judge gave the town council permission to appeal.
The Bishop of Exeter, the Rt Rev Michael Langrish, condemned the ruling. He told BBC News: "Every time there is a survey of religious beliefs in this country, around 70% of the population profess a faith and to saying private prayers.
"At the House of Lords we began with prayers this morning. Prayers were said by a considerable amount of peers. I don't think you will find anyone in the House of Lords who will seriously suggest we should end that practice."
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