Rev'd Professor Helen Hall, NLS https://www.ntu.ac.uk/staff-profiles/law/helen-hall
Stonehenge is one of the most famous human constructions on the planet. It forms part of a World Heritage Site, and is acknowledge by UNESCO (the United Nations Educational, Scientific and Cultural Organisation) as part of the collective patrimony of humankind. It has been the subject of constant investigation since the birth of archaeology as a discipline, and fascination and speculation for centuries, if not millennia, prior to this. Many questions remain unanswered about the methods used in its construction, and the purposes for its builders originally intended it for. Perhaps the only certainly is that questions relating to these topics will continue to occupy academic attention and capture the imagination of visitors for many generations.
However, Stonehenge is not only significant in archaeological terms, for many contemporary pagans it is a profoundly sacred place. At the winter and summer solstice in particular, crowds gather for spiritual purposes. There are other world heritage sites in the UK that were built for religious reasons, and continue to the be used for worship in the 21st century. However, in contrast to the cathedrals and churches listed, Stonehenge is not in the control of the faith group associated with it.
It is true that there is no provable direct link between the beliefs and practices of the people who built Stonehenge, and the pagans to whom it is now so important. As noted above, in scholarly terms, there are more questions than answers about its original use and meaning. Of course, some individuals or communities may understand themselves as having mystical insight into what once took place there, but that is not demonstrable to third parties with a different worldview. However, the lack of any identifiable chain of transmission when it comes to ideas, and indeed possession, does not render the spiritual needs of contemporary communities any less real or worthy of attention. This is reflected in the human rights framework and practical operation of Article 9, the provision of the European Convention on Human Rights that protects freedom of religion and belief. The right to manifest a sincerely held belief is sufficient for the article to be engaged, it is neither necessary nor legitimate to assess the reasonableness of the underlying beliefs or their mode of expression. As was pointed out in the leading case of R v Williamson, matters of faith and spirituality are by their very nature not always amenable to rational argument or justification.
The bottom line is that people who believe that Stonehenge is a sacred site for them, and that it is important to carry out rituals and other practices within that space, have a right to hold and manifest such ideas. The practical outworking of their beliefs can only be limited in so far as it is necessary and proportionate “in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others”. The same principle applies to all faith groups, but the combination of Stonehenge being a location of global archaeological significance, and outside of the control of the people religiously invested in it, makes the context unusual in a British context.
In 2022 there was some controversy over images of Queen Elizabeth II being projected onto the stones as part of the Platinum Jubilee celebrations. Some within the pagan community felt that this was inappropriate, particularly since the monarch is Supreme Governor of the Church of England. Imposing pictures of a Christian figure on a pre-Christian structure was seen by some as jarring and even disrespectful, even though it was done in a temporary and non-invasive way. For those who had arranged the display however, it was appropriate to link a key event in national life with an iconic monument, important to most residents of the UK, regardless of their religious affiliation.
The profile of Stonehenge was also harnessed by Just Stop Oil protestors, who threw orange powder at it in summer 2024. Whilst those involved claimed that the substance used would not do not permanent damage, there were concerns that it would in fact harm the lichens growing on the stones. Furthermore, it was seen as a hurtful desecration of a religious setting, and both Druids and Wiccans condemned the action. The target was surprising and somewhat ironic, given the close associations between contemporary paganism and the environmental movement. Unlike the projection of the late queen, this incident was not related to choices by English Heritage, the charity responsible for the land and the monument. It could theoretically have happened to Westminster Abbey.
Ultimately, resolutions to concrete issues with depend on the facts underlying the situation in question. The balance between religious expressions and other interests in preserving, protecting and securing access to ancient sites will be struck differently depending on the circumstances. However, if we are to foster a cohesive society in which fundamental rights are respected, it is critical for decision-makers to consider religious stakeholders in relation to sites like Stonehenge, especially since their practical position is much weaker than that of the established Church in relation to cathedrals. Distinct considerations apply, and equality does not demand parity of treatment in diverse situations, but a commitment to justice does require the same level of sensitivity shown to all faith groups.
Further Reading
R v Williamson [2005] UKHL 15
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