Gender and Sex Discrimination
Gay couple win court case against Christians
Important Appeal Court case.
On the same day that Christians were angered by a court decision to ban prayers at a Council meeting in Bideford, two Christians received a blow when the Court of Appeal upheld an earlier decision to stop them preventing LGBT individuals from accessing their guest house facilities.
Martin Hall and Steven Preddy, civil partners, had originally successfully sued devout Christians Peter and Hazelmary Bull for sexual orientation discrimination. In 2011 Judge Andrew Rutherford held that the refusal to admit the same-sex couple to their hotel three years earlier breached England’s equality legislation. The defendants were ordered to pay the couple £3,600 in damages.
The appeal by the owners of Chymorvah House in Marazion, Cornwall, was rejected by three judges in the court of appeal in London. The Bulls had claimed that they regarded any sexual activity outside of marriage to be a sin, and denied any discrimination on their part. They claimed that the rules of their accommodation, based on their Christian faith, was that no unmarried couples could share a double room.
The Court of Appeal agreed with the original ruling that the hotel’s rule directly discriminated against Preddy and Hall, and that the couple was subjected to differential treatment because of their sexual orientation as it is not possible for a same-sex couple to marry in the United Kingdom.
The appeal judges held that religious belief does not offer an exemption from discrimination laws which apply to running a business.
John Wadham, Group Director Legal of Equality and Human Rights Commission, which acted on behalf of the successful side in the appeal, said, “I have genuine sympathy for Mr and Mrs Bull, as their beliefs are clearly strongly held. We believe that this case will help people to better understand the law around freedom of religion. When offering a service, people cannot use their beliefs – religious or otherwise – to discriminate against others.
“As the discrimination ruling has been upheld, Mr Preddy and Mr Hall are entitled to the compensation ordered by the County Court. However the Commission has no intention of enforcing its entitlement to legal costs.”
This is a major case and highlights the important contribution of the EHRC in bringing such test cases – one which will now be lost.
Please feel free to share your views on this issue and leave us a comment.
Dr Donald Macaskill
Source: Gaelick
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