Amended school worship bill remains flawed as committee rejects pupil opt-out

Joe Higgins, Policy and Campaigns Officer

January 5, 2026

Just before Christmas, MSPs completed Stage 2 of the Religious Observance Bill. This is where Holyrood committees debate and vote on changes to draft legislation. Our Policy and Campaigns Officer Joe summarises the key decisions of the day, and why the bill still discriminates against Scotland’s non-religious communities.

On 16 December, MSPs on the Equalities, Human Rights, and Civil Justice Committee met to discuss and vote on proposed amendments to the Religious Observance Bill. This is known as “Stage 2” of the Scottish Parliament bill process.

When it was introduced, the bill proposed giving school pupils the independent right to opt in to religious education (RE/RME) and religious observance (RO). However, young people who wished to opt out of RO would still need permission from their parents. Humanist Society Scotland believes this asymmetry will create a hierarchy of beliefs in schools, and fails to respect non-religious pupils’ right to their own beliefs.

MSPs agree to make RME compulsory

The most significant change agreed by the committee was the complete removal of opt-out rights for religious education (Amendment 9). Humanist Society Scotland welcomes this decision. RME and RO are distinct topics and shouldn’t be conflated in law. RME is a core curriculum subject that covers a variety of faiths and beliefs, including humanism, in an objective and critical way. By contrast, our testimony report found that, in many non-denominational schools, RO is exclusively Christian and worship-based.

Participation in RO must be optional. The decision to take part is one that young people, when they’re old enough, should make for themselves. But RME should be compulsory, given its importance in preparing children to live in a free and diverse society.

However, we are concerned that the amendment also removes the right to withdraw from RE in denominational schools. This is distinct from the standard RME curriculum and is not always delivered in an objective, critical, and balanced way. In such cases, parents and capable young people must still have the right to withdraw.

Pupil opt-out voted down by committee

Amendment 18, proposed by Green MSP Maggie Chapman, would have given capable young people the independent right to opt out of RO at school. In her remarks, Maggie pointed out that giving pupils the option to opt in and out was the only way to ensure compliance with Scotland’s human rights obligations.

“No young person should be forced to pray, and no young person or child should be forced to participate in activities of worship against their will… Faith groups, legal experts, and human rights bodies have all told us that denying pupils the independent right to withdraw amounts to a breach of their human rights. My amendments seek to address that breach and to enable children to exercise their right to freedom of belief and expression.” Maggie Chapman MSP

In a disappointing setback, the committee voted down Amendment 18. As before, the Bill only allows pupils to opt in to worship against the wishes of their parent. In pressing ahead with this “middle course” approach, the Scottish government is choosing to discriminate against Scotland’s non-religious communities

In practice, religious parents will retain the right to compel their children to sing hymns and recite prayers at school. But humanist parents will not be offered the equivalent right to withdraw their child from those same acts of religious worship. Likewise, a religious pupil will have the power to attend a school church service against their parents’ wishes. But a humanist pupil will still need permission from home if they want to opt out.

WRITE TO YOUR MSP ABOUT ENDING COMPULSORY WORSHIP IN SCHOOLS

What happens next?

MSPs have one final opportunity to amend the bill to allow pupils to opt themselves out of RO. This will come at Stage 3. A vote to allow independent pupil opt-out would effectively end compulsory school worship. All capable young people would be able to decide for themselves whether or not to take part, no matter their own beliefs or those of their parents.

Unlike Stage 2, all MSPs vote on amendments during the final parliamentary hurdle. We hope to see a pupil opt-out amendment brought back for debate at Stage 3. If this happens, we will be urging all MSPs to support the change and ensure their laws are fully compliant with children’s rights under the UN Convention.

Do you stand with the overwhelming majority of Scots who support a pupil’s right to decide on religious observance? If you do, please consider contacting your MSPs on this important children’s rights issue. Our politicians need to hear loud and clear that compulsory worship has no place in Scotland’s schools. With our template letter (link below), it only takes a few clicks!