Thursday, April 15, 2010

Lord Carey takes on the judiciary

Former Archbishop of Canterbury Lord Carey says senior judges in the UK should be prevented from ruling in religious rights cases because they are biased against Christianity.

He claims that some have made disturbing and dangerous rulings that could lead to Christians being banned from the workplace, and that they should stand down from Court of Appeal hearings involving religious rights to make way for judges with an understanding of religious issues.

Writes Melanie Phillips in the Daily Mail: As an insult to some of the biggest wigs in the land, this could hardly be exaggerated.

By throwing down the gauntlet to the judiciary in this way, Lord Carey is mounting a full-frontal challenge to some of those who most influence our society.

The last of several final straws for these clerics
[Lord Carey has the support of other church leaders] was the case of Lilian Ladele, a registrar who was sacked by Islingtron council after she refused to conduct civil partnership ceremonies because they were against her Christian beliefs.

Led by the Master of the Rolls, Lord Neuberger - the second most important judge in England - the Appeal Court ruled that it was unlawful for her to refuse to do so.

It might be argued that these judges were merely ruling on the basis of anti-discrimination law and that they were right to do so.

But in fact, these judges had discretion to rule in Ms Ladele's favour because the law upholds not one principle relevant to this case, but two - and they compete with each other. For enshrined in the European Convention on Human Rights is the right to exercise religious conscience.

Why, then, did the judges in this case set aside the Human Rights Convention, which they normally revere as Holy Writ? Because, said Lord Neuberger, it only protected those religious beliefs which were 'worthy of respect in a democratic society and are not incompatible with human dignity.'

So what the Master of the Rolls effectively seemed to be saying was that Christian beliefs are unworthy of respect in a democracy, and incompatible with human dignity - a truly preposterous claim, since Judeo-Christian precepts
invented the concept of human dignity upon which Western civilisation is based.

Indeed, such a ruling comes very close indeed to criminalising Christianity. For if putting Christian belief into practice is outlawed, it won't be long before Christian believers find
themselves outlawed.

This issue is particularly topical because Gary McFarlane, formerly a Christian relationship counsellor for Relate, is due to appear at the Court of Appeal today to appeal against an employment tribunal ruling that upheld his sacking for refusing to give sex therapy to homosexual couples.

Lord Carey has prepared a witness statement in support of Mr McFarlane, and will back an application by Mr McFarlane's lawyers for the case to be heard by a panel of judges with understanding of religious issues.

Melanie Phillips again: No wonder Lord Carey and his colleagues have been galvanised into militant action. For under the guise of promoting 'tolerance' and 'liberal' social attitudes, anti-discrimination law is deeply intolerant and illiberal.

That's because it has nothing to do with fairness and everything to do with ideology. It is innately on the side of minorities on the basis that they are by definition vulnerable to the majority. So in the hands of the judiciary, it has turned into a fearsome weapon against Britain's mainstream attitudes and faith.

The result is that Christianity is now in danger of being turned into a despised and marginalised creed practised only by consenting adults in private.

Christians are already being forced into renouncing their religious beliefs if they want to remain in certain jobs.

This is simply intolerable in a liberal society where freedom of religious conscience is a bedrock value.

Ironically, news of Lord Carey's stand came the same day that it was reported that the Department of Health will allow female Muslim doctors and nurses to wear long sleeves to protect their modesty - despite the fact that guidance that all staff should be bare below the elbow was introduced after long sleeves were blamed for spreading MRSA.

New guidance says staff can wear long sleeves provided they roll them above the elbow to wash and when on the wards. Those wanting to stay covered on the ward can use disposable over-sleeves. Sikhs are also to be allowed to wear Kara bangles.

Said Shirley Chaplin, the nurse who got into trouble with the NHS for wearing a cross she had previously worn every day for 38 years without problem: "It seems like life is stacked up against Christians these days."