Christian Soldiers Fail Fail and Fail Again
The zealous Christian owners of the Bed & Breakfast which refused a double room to a gay couple have been found guilty of discrimination:
Devout Christian hotel owners who refused to allow a gay couple to share a double room acted unlawfully, a judge at Bristol county court ruled today.
Martyn Hall and Steven Preddy, who are civil partners, won their landmark claim for discrimination in a case funded and supported by theEquality and Human Rights Commission (EHRC).
The ruling, one of the first made under the Equality Act (Sexual Orientation) Regulations 2007, is likely to provide those in partnerships with greater protection from discrimination.
The owners of the Chymorvah private hotel in Cornwall, Peter and Hazel Bull, do not allow couples who are not married to share double rooms because they do not believe in sex before marriage.
The Bulls asserted that their refusal to accommodate civil partners in a double room was not to do with sexual orientation but “everything to do with sex”. The restriction, the owners said, applied equally to heterosexual couples who are not married.
In his ruling, Judge Andrew Rutherford said the hotel had directly discriminated against the couple on the grounds of their sexual orientation and awarded them compensation of £1,800 each.
A great result. I’ve heard numerous complaints that the Bulls should be allowed to discriminate against anyone they like, but the Sexual Orientation Regulations of course apply because they are providing a service, which may be conducted within their home, but which constrains their freedom to discriminate there. Ben Summerskill of Stonewall points out:
During passage of the 2006 Equality Act, Stonewall fought hard to secure pioneering “goods and services” protections for lesbian and gay people, protecting them for the first time against discrimination in the delivery of public and commercial services. The preceding legal entitlement to deny gay people a service was every bit as offensive as the notorious signs outside guesthouses that once said: “No blacks. No Irish.” And people certainly took advantage of it, as lesbians denied smear tests and gay men refused holiday bookings were well aware.
The Bulls suggest that it’s their freedom, and not that of a gay couple, that is compromised by the existing law. But no part of the current and carefully calibrated compact in Britain’s equality legislation forces anyone to do anything. However, if a couple choose to turn their home into a commercial enterprise, why should they be any more entitled to exempt themselves from equality legislation than from health and safety laws?
Of course they shouldn’t – common sense says they shouldn’t. But the Christian devout keep protesting their right to discriminate as a necessary component of their religion trumps every right gay people have to be protected from discrimination. We’ve had relationship counsellors, civil registrars and others professing their right not to serve gay people in the same manner as they would others, and they’ve all failed. Judge Andrew Rutherford said:
the right of the defendants to manifest their religion is not absolute and “can be limited to protect the rights and freedoms of the claimants”.
No doubt the devout will continue to insist they’re being persecuted, but I would insist that quote proves conclusively otherwise.
Gay Marriages in Churches at Last?
The House of Lords has voted to allow civil partnerships on religious premises:
The amendment to the Equality Bill, which was tabled as a free vote by gay Muslim peer Waheed Alli, received overwhelming backing in the Lords, including from a number of prominent Anglican bishops.
Under current UK law religious venues are forbidden from holding civil partnerships, although some liberal denominations within Christianity and Judaism have been willing to bless gay unions once a partnership ceremony has taken place elsewhere.
The lifting of the ban, which still needs to be approved by the House of Commons, will now give religious venues the option of conducting civil partnerships – but it will not compel them to do so, as some traditionalists had feared.
Lord Alli denied the suggestion that religious communities would be forced to accept gay marriages.
“Religious freedom cannot begin and end with what one religion wants,” he said. “This amendment does not place an obligation on any religious organisation to host civil partnerships in their buildings. But there are many gay and lesbian couples who want to share their civil partnership with the congregations that they worship with. And there are a number of religious organisations that want to allow gay and lesbian couples to do exactly that.”
No doubt the religious fundamentalist set will denounce this as an anti-religious move, but as Alli points out this, if approved by the Commons (and how appalling would it be if the Commons struck this down?), would allow civil partnerships on religious premises, not demand them. It’s amazing how often the devoutly religious wilfully mix the the two up, but the distinction is pretty important because it’s about religious freedom for all. As Stonewall Chief Executive Ben Summerskill says:
‘We’ve argued throughout that this is an important matter of religious freedom. Ministers have known for some months that we intended to table this measure and we regret that the Government didn’t stand up to the bullying it faced from some churches on this issue. We’ll now work closely with ministers to ensure that we secure implementation of this further step towards equality. This vote is hugely important to those gay people of faith (and, as Lady Neuberger pointed out, to their Jewish mothers too!) who wish to celebrate their civil partnerships in their own place of worship.’
It should have been unthinkable to have had a ban in the first place. Why any religion should have the freedom to discriminate based purely on the grounds of the bigoted beliefs of some, is beyond me. But this government has kowtowed incessantly towards the religious lobby, and in the run-up to the general election will no doubt continue to do so. Remember civil partnerships are still only for gay people, and marriage is only for straight people. In a European Union where even Catholic Spain has marriage equality I fail to comprehend why Britain’s inequality is allowed to continue.
End of the Road for Lillian Ladele
Ultra religious Christian zealot Lillian Ladele has failed once again in her continuing quest to appeal against her sacking for discriminating against gay people:
An Islington registrar who refused to carry out civil partnerships for gay couples has lost her appeal.
The Court of Appeal ruled today that Lillian Ladele had not been discriminated against. She had said she could not hold the ceremonies because of her Christian beliefs.
Lord Neuberger expressed some sympathy for her position but said that in a “modern liberal democracy”, only “very limited exceptions” could be made.
The Christian Institute, which is supporting Ladele, has said it will appeal to the Supreme Court.
The ruling was welcomed by Stonewall.
Director of public affairs Derek Munn said: “Stonewall are pleased that the Court of Appeal has upheld the right of lesbian and gay people to receive public services from public servants. We are glad that Islington council have seen this through for the sake of their lesbian and gay council tax payers.
“You can’t refuse a service to a person based on their gender, race or disability and you can’t on the basis of their sexual orientation either.”
You may remember civil registrar Ladele was fired by Islington Council for refusing to perform civil partnerships, and then took them to a tribunal, alleging religious discrimination. It’s becoming a reassuringly familiar refrain that appeals tribunals and courts, despite the appalling way in which gay and religious rights have been set against one another by this government, have brooked none of this from her or her ultra religious friends. The Christian Legal Centre however thinks otherwise:
“Civil partnerships were not being discriminated against, they were able to be performed by other registrars. Lilian Ladele has been discriminated against because of her Christian convictions.
“In a tolerant and civil society, we should be able to accommodate different groups.
“There will be serious consequences for religious freedom, conscience, acts and speech if we can’t learn to accommodate different groups.”
Except that wasn’t the issue – it was about Ladele refusing both to abide by her employer’s equal opportunities policy and then refusing different work, when offered, for the same pay. She felt that her religion afforded her what would have been essentially special rights – the right to discriminate in her employment on the grounds of belief. Now noone has suggested that she or any other theist should believe anything other than what they want, but their actions in civil society are governed by civil, not religious law. And despite the flaws in our equality legislation under civil law, she’s not allowed to act in a way that is detrimental to gay people. Accommodating the right to discriminate on the grounds of belief would not be the hallmark of a tolerant and civil society, and it’s something Symon Hill acknowledges:
Christians can welcome the court’s decision. We can emphasise that it is not an affront to Christian values – it is a victory for Christian values. Using traditional Christian terminology, we can point that it is not homosexuality, but homophobia, that is sinful. Those of who have gone along with homophobia in the past can declare our repentance of it.
In Jesus Christ, we have a messiah whose life embodied a message of radical inclusivity, a man who challenged religious hypocrisy and the abuse of power, who socialised with outcasts, broke religious and secular laws and forgave his persecutors as they killed him.
The New Testament’s ethical message is that “love is the fulfilling of the law” (Romans 13:10). It’s time for pro-equality Christians to make clear that our commitment to equality is not in tension with Christianity, or incidental to it, but flows naturally from it. Occasionally, I hear someone say “Symon’s against homophobia, even though he’s a Christian”. That’s just not true. I’m against homophobia because I’m a Christian.
Hill acknowledges the absurdity of Ladele’s position – her objection isn’t to anything she finds abhorrent to her zealous beliefs, just the gay bits. It’s an intellectually vapid take on religion, and fortunately one which neither the legislature nor the judiciary have any interest in enshrining into law.
Stonewall Boycotts Tory Conference Pride Event
Stonewall Chief Executive Ben Summerskill has pulled out of tonight’s gay pride event at the Conservative Party conference in Manchester:
Ben Summerskill, head of the equality group Stonewall, has pulled out of a new Pride event at the Conservative party conference after the party hosted ’extreme’ European politicians.
Summerskill had been lined up as a star speaker at tonight’s event in Manchester’s gay village, but Channel 4 News has learned that he will not be attending.
“There is no doubt the progress that has been made in the last couple of years has genuinely been historic. It would churlish of anyone not to welcome the apology a couple of months ago over Section 28,” said Summerskill.
“But the event tonight has been overshadowed by the presence, not just at conference but on the same platform as some senior members of the party, of people of such extreme and offensive views.
I’m going to go all contrary on this one and say Summerskill was wrong to pull out. If he’s right about Michal Kaminski (as I’m quite sure he is) I’m not sure what purpose a boycott serves, but more importantly what purpose playing into a homophobe’s hands serves. Yes it’s rather likely that the Tories will be the governing party once more next spring, yes Stonewall are probably pretty peeved about that, given their successes under New Labour (although it should be remembered that most of them were despite New Labour). But say there really is a seething undercurrent of homophobia amongst the Tories, and even that David Cameron’s prepared to do deals with homophobes in the EU Parliament, how are the gay rights lobbying group’s interests best served by being outsiders?
This boycott comes across as ill-timed and ill-considered sabotage. I’ll never be a fan of the Tory Party as long as I live, but I don’t see how a Chief Executive of a human rights group can behave in such a partisan manner when many of the people whose interests he claims to represent are entirely happy with Cameron’s Conservatives.
