ABSTRACT
This chapter describes the 'establishment' problem of religious freedom. The problem for the UK is that the Human Rights Act is incorporated into a society which is both highly secular sociologically and not at all secular legally. The most vocal are those who reject the very idea of neutrality between religion and non-religion, and see no reason why the Establishment clause should require anything but neutrality between religions and denominations. American law protects religious freedom in a very negative sense. It protects private religious orientation. It strictly forbids the State either to be partial between religions, or to support religion in such a way that those without religion are in any way discriminated against. Britain, for all its secularity, lacks an anti-clerical tradition, which may save the courts from pressure to adopt an American version of neutrality to protect non-believers.
