Tuesday, January 05, 2010

Homosexuals, Christians and the law

Homosexuals' rights are more important than Christians' rights - and that appears to be official.

When the Civil Partnership Act came into force in the UK in 2005, Lillian Ladele, a registrar employed by Islington Council, was unwilling to conduct same-sex civil partnership ceremonies as a matter of Christian conscience.

She tried to change her rotas. There were, she said, other registrars able to conduct same-sex ceremonies. But homosexual colleagues said her stance was "an act of homophobia" and complained they felt victimised. Miss Ladele was disciplined.

She claimed she suffered ridicule and bullying as a result of her stance and was effectively being forced to choose between her religion and her job.

She went to an employment tribunal claiming she had been discriminated against. The tribunal decided the council had discriminated against her by failing to consider her for promotion; deciding to discipline her and threatening her with dismissal; concluding she had committed gross misconduct; labelling and treating her as homophobic; disregarding her concerns about her treatment; and failing to apply its anti-discrimination policies to homosexual colleagues who were mistreating her. An employment appeal tribunal, however, overturned that decision.

Now the Appeal Court has decided that Miss Ladele suffered unfair treatment by her employer. (The council allowed confidential information about her to be discussed at a meeting of the council's Lesbian Gay Bisexual Transgender Forum.) But it decided she had not suffered discrimination or harassment, because the council was treating her no differently to its other registrars by ordering her to carry out the ceremonies.

Lord Neuberger, Master of the Rolls, said the prohibition of discrimination by the 2007 Sexual Orientation Regulations takes precedence over any right a person would otherwise have by virtue of his or her religious belief to practise discrimination on the ground of sexual orientation.

Human rights law also put the rights of homosexuals before the rights of Christians to hold to their beliefs. It was simply unlawful for Miss Ladele to refuse to perform civil partnerships.

The Court of Appeal refused Miss Ladele permission to appeal to the Supreme Court.

Christian organisations said the ruling could see Christians banned from some jobs. "Our public services are increasingly using equality and diversity policies to leave Christians sidelined," said Andrea Minichiello Williams, of Christian Concern for Our Nation. "It's time for common sense to be restored."