Any modern democracy with an established religion faces a dilemma. On the one hand, the fact of establishment itself implies one true faith. On the other hand, discrimination (except for good reason in carefully defined circumstances) is unacceptable. An irony compounds this 'democratic dilemma': whatever may be the established religion, it does not necessarily follow that it is practised by the majority of the population. Indeed, it seems quite possible that more Brits currently find spiritual solace in various cults rather than traditional religions.

This paper explores the role of religion in both public and private education in England and Wales, from K-12 through to post-secondary education. It finds that the means by which the law continues to wrestle with the above conundrum is not necessarily well chosen. The pattern of legislation has been to lay down with one hand a blanket prohibition on religiously-based discrimination; but then, with the other, to provide for exceptions to this ostensible norm which actually mean that those of a particular religious persuasion often do receive preferential treatment.