This article comments on the recent decision in R (Fox and Others) v Secretary of State for Education where the High Court was asked to judicially review the lawfulness of the Secretary of State for Education’s decision to issue new GCSE subject content for religious studies (RS). The Secretary of State for Education claimed that the new subject content, as specified, would be ‘consistent with the requirement for the provision of religious education in current legislation’. It is this claim (the Assertion) that the claimants alleged amounted to an error of law. The claimants, non-religious beliefs holders who were supported in their claim by the British Humanist Association (BHA), argued that the new subject content as presented, gave more importance to religious beliefs in comparison to more secular denominations and, as such, the state had failed in its duty to ensure that educational provisions for religious education (RE) treat religious and non-religious views on an equal footing. The High Court ruled that the contested Assertion was indeed a ‘misleading statement of law’.