When Does Personal Opinion Become Religious Conviction?

Should a person’s deeply held convictions regarding an issue, for example, climate change, be afforded the same protection against civil discrimination as religious beliefs? That ‘s the question recently addressed by a labor court in the United Kingdom in the case of Tim Nicholson, former head of sustainability with Grainger PLC, one of Britain’s largest property management firms. Mr Nicholson claims he was unfairly dismissed because of his “philosophical belief in climate change.”

In 2008 Nicholson was relieved of his duties after attempting to get other corporate officers in the firm to practice what their public literature preached. After his termination Nicholson filed suit against Grainger for unlawful dismissal, claiming that the primary reason for his firing was his conviction that climate change is the most important issue facing humanity and his deeply held environmental principles.

In March, Nicholson was granted permission by judge David Neath to pursue his claim under Britain’s Employment Equality (Religion and Belief) Regulations of 2003, which cover “any religion, religious belief, or philosophical belief.” Grainger opposed the ruling, claiming, “A philosophical belief must be one based on a philosophy of life, not a scientific belief, not a political belief or opinion, not a lifestyle choice, not an environmental belief and not an assertion of disputed facts.”

This case raises an interesting question: When do a person’s deeply held beliefs regarding political or cultural issues become protected religious beliefs? The defendants, Grainger PLC, claim that Mr. Nicholson’s reverence for the natural world and his deeply held convictions about climate change amount to a political opinion, not a religious belief.

At first, in spite of my own convictions regarding global warming, I was inclined to agree with the Grainger position, but on further reflection, I’m not so sure.

Many progressive Christians believe they are commanded by God to care for the environment; to act as good husbands of the Earth. Many followers of pagan traditions hold that the environment, indeed the entire planet and all life on it is sacred. These are religious beliefs and no objective judge could possibly dispute that many people genuinely believe and live by them. One need not accept the religious beliefs of another to respect the civil rights of the believer.

Religious or philosophical beliefs often rest on disputed facts. Many people dispute the alleged fact that Jesus of Nazareth was the Son of God, or that Mohammed was the final Prophet of God, or that the Earth is only 6,000 years old, but many Christians, Muslims, and Jews often believe at least one of these “disputed facts.”

Lifestyle choices such as non-violence, vegetarianism, vows of poverty or chastity, particular modes of dress, fasting are all examples of religious beliefs in action.

Mr. Nicholson’s case was decided in his favor, but the company has reportedly appealed the decision. If British courts are as cozy with the corporate world as American courts have been in recent years, Mr. Nicholson has his work cut out. I look forward to the final outcome of this case and to the similar cases bound to be filed in the US in coming years.