MOSCOW, March 4 (RAPSI) - The United Kingdom did not violate the rights of the Mormon Church by denying its request for a property-tax exemption, the European Court of Human Rights (ECHR) held Tuesday.

Within the Church of Jesus Christ of Latter-Day Saints (Church), there are wards, stakes, and temples, according to the jurdgmnt. “Wards” are relatively small local congregations. Each group of five to fifteen wards is a “stake,” the center of which is hosted in a larger chapel.

The UK also has two temples. According to the judgment, “The temple is considered, by the applicant Church’s members, to be the house of the Lord and one of the holiest places on earth… Only the most devout members of the applicant Church, who hold a current ‘recommend,’ are entitled to enter the temples.” In order to obtain a “recommend,” members must conduct an interview with a bishop.

The Church’s published statement of doctrine, as quoted by the judgment, describes the interview process as follows: “Here the member is asked searching questions about his or her personal conduct, worthiness and loyalty to the Church and its officers. The person must certify that he is morally clean and keeping the Word of Wisdom, paying a full tithing [approximately 10% of income to be paid to the Church], living in harmony with the teachings of the Church and not maintaining any affiliation or sympathy with apostate groups.”

According to the judgment, a recommend can be granted if a member demonstrates such qualities as honesty, refraining from abusive conduct, devotion to family, fidelity, healthy lifestyle practices, and for divorcees, full compliance with legal and support obligations.

The Church applied for a property-tax exemption in 2001 in connection with its temple in Lancashire, based on the building’s status as a “place of public religious worship.” The exemption was initially granted, but the decision was overturned in 2005.

The Church appealed to the House of Lords, arguing that its rights had been violated under various articles of the European Convention on Human Rights (Convention), including those protecting the freedom of religion, the protection of property, and the prohibition of discrimination.

The House of Lords dismissed the appeal in 2008, holding that to qualify as a place of public religious worship, a given property should be open to the general public.

The court then turned to the ECHR, alleging a violation of its Article 14 (prohibition of discrimination) rights when taken in conjunction with its Article 9 (Freedom of thought, conscience, and religion) rights as guaranteed by the Convention.

More specifically, the Church argued that the refusal to grant the temple an exemption generally granted to places of public religious worship constituted discrimination on religious grounds.

In this regard, the court noted that the Church’s chapels and stake centers benefitted from full tax exemptions, and only its temple – which is not open to the general public – was denied the specific exemption at issue. Thus the court reasoned, “In conclusion, insofar as any difference of treatment between religious groups in comparable situations can be said to have been established in relation to tax exemption of places of worship, such difference of treatment had a reasonable and objective justification… It follows that the Court does not find that the applicant Church has suffered discrimination in breach of Article 14 of the Convention, taken in conjunction with Article 9.”

The Church likewise raised arguments in connection with its right to the protection of property (Article 1, Protocol 1) both by itself and in connection with its rights under its Article 14 discrimination rights. Based on its finding with regard to the first claim, the court held that it would be unnecessary to consider the second.

The Church further argued raised its Article 13 right to an effective remedy. The court rejected this complaint as ill-founded, stating: “In the present case, it is clear that an appropriate and effective remedy was available to the applicant Church.”