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Since the passing of the Sexual Orientation Regulations 2007 (now replaced by the Equality Act 2010) which prohibited discrimination against lesbians and gay men, among others, in the provision of goods and services, there have been some legal cases where people with strong religious objections to homosexuality have refused to perform their duties and who have appealed against their dismissal. They claim that their right to observe their religious beliefs is a greater right than that of gay men and lesbians to be treated equally and that the 2007/2010 laws ‘trample’ on their rights. The three main cases are those of Lilian Ladele, Gary McFarlane and of Peter and Hazelmary Bull.
Lillian Ladele resigned from Islington council in 2007 after being threatened with the sack. She claims she was a victim of discrimination because of her religious beliefs. The UK Supreme Court said her case did not raise legal points of “general public importance” and she was refused permission to appeal. Her lawyers have argued she was the victim of a witch-hunt and was shunned by her colleagues for refusing to carry out civil partnerships. Ms Ladele said her rights had been “trampled” by gay couples.
Gary McFarlane was sacked by Relate Avon in 2008. He claimed the service had refused to accommodate his Christian beliefs. He had refused to provide marriage guidance counselling to gay couples. In April 2010 Lord Justice Laws said legislation for the protection of views held purely on religious grounds cannot be justified and rejected his appeal. He said it was irrational and “also divisive, capricious and arbitrary”.
These two cases are being heard by the European Court of Human Rights and being financed by religious groups.
Peter and Hazelmary Bull, two Christian hoteliers, refused to allow a gay couple to stay in their guest house. The gay couple sought and won damages for the infringement of their rights. Gay Activist noted that on the day of their trial, Mr Bull, a man in his 70s, was in hospital having an urgent heart by-pass operation. We commented that it did not seem very humane of the Christian group which brought their case, to put a couple of fragile older citizens through such an ordeal, and queried the group’s policies and motives. The couple appealed but lost their appeal. They were refused leave to appeal to the Supreme Court but have not accepted that verdict, and want to take their case to the European Court of Human Rights.
Adrian Smith, a housing manager, was demoted and had his pay cut for saying on a Facebook page that he thought that gay marriage was wrong.
The hard won right of gay men and lesbians to be treated equally in the provision of goods and services has never been welcome in some quarters and having so far failed to get the law changed in the courts, religious groups and opponents of those laws are now trying to change the law through Parliamentary means.
The Equality Commission announced in July 2011 that it was considering publishing guidance on how it feels people with religious objections should be excused from the requirements of the Equality Acts in relation to gays and lesbians. That was seen as a betrayal by gay rights campaigners and groups. The Trades Union Congress said it was “deeply concerned” at the Equality and Human Rights Commission’s proposals to give homophobic workers the right to avoid serving gay people. The announcement had generated “alarm and despondency” among gay people and the TUC urged the commission to rethink its decision. It did; and on August 19th 2011 announced that it had abandoned the idea and that the court decisions in the Ladele and McFarlane cases were correct. Over a year later, no further “guidance” has been issued.
But that isn’t going to silence the religious fundamentalists.
A small number of MPs grouped to try to change the law. In July 2011 fourteen MPs signed an early day motion. Here are the names of the MPs:
Benton, Joe. Labour Party, Bootle; Bottomley, Peter. Conservative Party, Worthing West: Coffey, Therese. Conservative Party, Suffolk Coastal; Crausby, David. Labour Party, Bolton North East; Dobbin, Jim. Labour Party, Heywood and Middleton; Donaldson, Jeffrey. Democratic Unionist Party, Lagan Valley; Durkan, Mark. Social Democratic and Labour Party, Foyle; Glindon, Mary. Labour Party, North Tyneside; Hancock, Mike. Liberal Democrats, Portsmouth South; Hemming, John. Liberal Democrats, Birmingham Yardley; Meale, Alan. Labour Party, Mansfield; Shannon, Jim. Democratic Unionist Party, Strangford; Sheridan, Jim. Labour Party, Paisley and Renfrewshire North; Streeter, Gary. Conservative Party, South West Devon.
Photo of Clearing the Ground inquiry hearing by The Church Times. (left to right) David Burrowes, Gavin Shuker, Gary Streeter, Fiona Bruce, and Lord Edmiston, at the Clearing the Ground inquiry
The “Clearing the Ground” committee held hearings in November 2011 and issued a report in February 2012 which claimed that Christians were being “marginalised”. Its claims were refuted by the British Humanist Association.
So far, only a handful of people are known to have objected to the 2007 and 2010 laws on religious grounds, and have gone to court claiming religious discrimination. The majority of society have accepted the laws as long overdue.
The campaign to prevent equality in marriage, trying to stop Parliament allowing gay men and lesbians to have the option to get married instead of having a civil partnership, gathered so much support in a short time that it was successful in getting the proposed measure removed from the Parliamentary programme of Bills.
More information will be added to this page as it becomes available.
Further resources:
Holy Bullies and Headless Monsters
Page updated and links checked 18 May 2012
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