Just as the latest Star Wars movie hits the screens in time for Christmas, the Charity Commission has rejected The Temple of the Jedi Order's (TOTJO’s) application for charitable status in a significant decision which considered the definition of religion in charity law
This was an application to establish a new charitable incorporated organisation, with purposes including ‘to advance the religion of Jediism, for the public benefit worldwide, in accordance with the Jedi doctrine’.
Jediism, as promoted by the applicants, draws not only on the mythology of the Star Wars films, but also on recognised religions and other philosophical doctrines. In the 2011 census, 177,000 people declared themselves Jedi under the religion section, making it the seventh most popular religion.
In order to be a charity, an organisation must be established for exclusively charitable purposes for the public benefit. In law, the range of charitable purposes includes the advancement of religion and the advancement of moral or ethical improvement for the benefit of the community.
Although the application was made on the basis that Jediism is a religion, the Commission also considered whether Jediism would promote moral or ethical improvement.
It found there is insufficient evidence that Jediism and the Jedi doctrine as promoted by TOTJO is a sufficiently structured, organised or integrated system of belief to constitute a religion. There is insufficient evidence of an objective understanding of Jediism as opposed to a self-defining system which may be pursued outside the confines of a religion and in a secular manner.
It comprises a loose framework of ideas with some common ground which individuals may interpret as they see fit. In particular, it is not obligatory to interpret and follow the Jedi doctrine as a religion. There is scope for individuals, consistent with Jediism and the Jedi doctrine promoted by TOTJO, to pursue a spiritual path, a philosophy or way of life outside of the scope of a religion, as that term is defined in charity law.
Any cogency and cohesion that is present is eroded by the individual’s ability to develop themselves within a loose framework and follow an individual experiential philosophy or way of life as a secular belief system, the Commission said.
The Commission also found it is not evident that TOTJO reaches out into the community so as to have a positive impact. The Jedi doctrine and services are accessible to the general public but the supporting information confirms that the pastoral care is focused on the provision of a support service for TOTJO’s members who are in need to help them seek solutions themselves. This suggests an inward focus on its members rather than an outward focus on the general public.
The Commission concluded that Jediism, as promoted TOTJO, is not a religion and does not promote moral or ethical improvement, for the purposes of charity law in England and Wales and so rejected the application.
Kenneth Dibble, the chief legal adviser at the Charity Commission, said: ‘The law relating to what is and is not a charity evolves continuously and, as in this case, can be influenced by decisions in other areas. Our role is critical in interpreting and explaining the extent of what the law considers charitable.
‘The meaning of “religion” in charity law has developed over many years, and now encompasses a wide range of belief systems. The decisions which the Commission makes on the extent of this meaning can be difficult and complex, but are important in maintaining clarity on what is, and is not, charitable.’
The Decision of the Charity Commission on The Temple of the Jedi Order is here.