What are "matters of conscience" in a non-religious country?

It takes religion for parliament to accept that an MP might have a conscience.

Today's census figures are the second to include an answer to the question of what religion people identify with. They show a country of rapidly declining faith: 25 per cent of people now say they have "no religion", up from 15.5 per cent in 2001; 59.3 per cent of people say they are Christian, down from 72 per cent in 2001; the Muslim population had increased to 5 per cent; and other religions totalled 8.4 per cent.

In other words, slightly over half of Britons are Christian. We can't know how that breaks down over various denominations, because the question was not specified any further, but if adherents to the state religion – the Church of England – aren't already a minority in Britain, then they are fast on their way there.

All of which marks out quite how bizarre the continued religious influence in our legislature is. Not just that we still have 26 bishops in the House of Lords in the year two thousand and twelve (although the e-petition to put an end to that has just broken 10,000 signatures), since that is something which, when it comes down to it, only matters on a symbolic level.

The far stranger influence religion has on the laws of the land has surfaced today with the debate over same-sex marriage. Take a look, for instance, at George's post about Labour's decision to offer a free vote on the bill:

"The three-line whip only applied to civil ceremonies. Now the government has agreed to allow gay marriages in religious buildings, we will hold a free vote."

That is: same-sex marriages weren't an issue "of conscience" until they involved religious buildings; now that they do, they are.

Clearly same-sex marriage is something which people care greatly about; and it is perhaps understandable that some people of faith feel that involving religious buildings to be involved is a categorically different issue to whether or not to allow equal marriage in the first place.

But why are we still acting as though religious beliefs are the only ones which people hold closely enough that they ought not be made to break them by a party whip? Are the 25 per cent of people who hold no religious beliefs also unable to ask for a free vote on matters of conscience? Can an atheist not be as vehemently opposed to war as a Christian is to abortion?

Britain is less religious by the day; soon, we will have to confront these questions head on.

The House of Commons in 1890, about as long ago as it made sense to have bishops in the Lords. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Why Barack Obama was right to release Chelsea Manning

A Presidential act of mercy is good for Manning, but also for the US.

In early 2010, a young US military intelligence analyst on an army base near Baghdad slipped a Lady Gaga CD into a computer and sang along to the music. In fact, the soldier's apparently upbeat mood hid two facts. 

First, the soldier later known as Chelsea Manning was completely alienated from army culture, and the callous way she believed it treated civilians in Iraq. And second, she was quietly erasing the music on her CDs and replacing it with files holding explosive military data, which she would release to the world via Wikileaks. 

To some, Manning is a free speech hero. To others, she is a traitor. President Barack Obama’s decision to commute her 35-year sentence before leaving office has been blasted as “outrageous” by leading Republican Paul Ryan. Other Republican critics argue Obama is rewarding an act that endangered the lives of soldiers and intelligence operatives while giving ammunition to Russia. 

They have a point. Liberals banging the drum against Russia’s leak offensive during the US election cannot simultaneously argue leaks are inherently good. 

But even if you think Manning was deeply misguided in her use of Lady Gaga CDs, there are strong reasons why we should celebrate her release. 

1. She was not judged on the public interest

Manning was motivated by what she believed to be human rights abuses in Iraq, but her public interest defence has never been tested. 

The leaks were undoubtedly of public interest. As Manning said in the podcast she recorded with Amnesty International: “When we made mistakes, planning operations, innocent people died.” 

Thanks to Manning’s leak, we also know about the Vatican hiding sex abuse scandals in Ireland, plus the UK promising to protect US interests during the Chilcot Inquiry. 

In countries such as Germany, Canada and Denmark, whistle blowers in sensitive areas can use a public interest defence. In the US, however, such a defence does not exist – meaning it is impossible for Manning to legally argue her actions were in the public good. 

2. She was deemed worse than rapists and murderers

Her sentence was out of proportion to her crime. Compare her 35-year sentence to that received by William Millay, a young police officer, also in 2013. Caught in the act of trying to sell classified documents to someone he believed was a Russian intelligence officer, he was given 16 years

According to Amnesty International: “Manning’s sentence was much longer than other members of the military convicted of charges such as murder, rape and war crimes, as well as any others who were convicted of leaking classified materials to the public.”

3. Her time in jail was particularly miserable 

Manning’s conditions in jail do nothing to dispel the idea she has been treated extraordinarily harshly. When initially placed in solitary confinement, she needed permission to do anything in her cell, even walking around to exercise. 

When she requested treatment for her gender dysphoria, the military prison’s initial response was a blanket refusal – despite the fact many civilian prisons accept the idea that trans inmates are entitled to hormones. Manning has attempted suicide several times. She finally received permission to receive gender transition surgery in 2016 after a hunger strike

4. Julian Assange can stop acting like a martyr

Internationally, Manning’s continued incarceration was likely to do more harm than good. She has said she is sorry “for hurting the US”. Her worldwide following has turned her into an icon of US hypocrisy on free speech.

Then there's the fact Wikileaks said its founder Julian Assange would agree to be extradited to the US if Manning was released. Now that Manning is months away from freedom, his excuses for staying in the Equadorian London Embassy to avoid Swedish rape allegations are somewhat feebler.  

As for the President - under whose watch Manning was prosecuted - he may be leaving his office with his legacy in peril, but with one stroke of his pen, he has changed a life. Manning, now 29, could have expected to leave prison in her late 50s. Instead, she'll be free before her 30th birthday. And perhaps the Equadorian ambassador will finally get his room back. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.