Thinking Anglicans: some recent equality decisions and legal analysis

some recent equality decisions and legal analysis

The case of Bull & Bull v Hall & Preddy was decided at appeal.

On 10th February 2012, the Court of Appeal upheld a Judge?s ruling that a Christian couple, Peter and Hazelmary Bull, had discriminated against Martin Hall and Steven Preddy on grounds of sexual orientation when they refused them a double-bedded room at their hotel near Penzance.

Read the full judgment here.

Read the analysis by Marina Wheeler at UK Human Rights Blog here.

The case of Vejdeland and Others vs. Sweden was decided by the European Court of Human Rights.

Sweden?s Supreme Court (H?gsta domstolen) was right to convict four men of hate crimes for distributing homophobic flyers at a school, the European Court of Human Rights (ECHR) has ruled.

See news report from The Local Swedes? anti-gay flyers not free speech: court.

The full text of the judgment is available in English here.

See an analysis of the case by Antoine Buyse at ECHR Blog: Anti-Gay Speech Judgment.

The website of the Court has this useful factsheet on Hate Speech.

And there has been some interesting discussion over the weekend about a case involving our own UK schools. See this Observer news article by Jamie Doward: ?Anti-gay? book puts Gove at centre of faith school teaching row.

Adam Wagner analysed the situation at UK Human Rights Blog in Is it legal to teach gay hate in schools?:

?So the position is this. A school is permitted to teach about whatever subject it likes, so as not to inhibit it from teaching about a wide range of issues, including, it would seem, controversial views about homosexuality. However, the school must still ensure that those issues are not taught in a way which subjects pupils to discrimination.

So Mr Gove is entirely incorrect to say that ?Any materials used in sex and relationship education lessons, therefore, will not be subject to the discrimination provisions of the act?. Schools are still not allowed to discriminate on the grounds of sexual orientation, religion or race and so have a responsibility to ensure that if they are going to introduce controversial material about gay sex being ?directed against God?s natural purpose?, they have to be very careful indeed to balance that material so that gay students are not subjected to discrimination?

And he has further material at: Teaching Jewish children to cure gays ? is it legal?

Posted by Simon Sarmiento on Monday, 20 February 2012 at 2:15pm GMT | TrackBack
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Categorised as: equality legislation

I've never been a fan of Front Nationale and I couldn't translate the full judgement, yet Feret's right-wing election slogans appear to remain within the margins of strong political protest. His comments about immigration could have easily been lifted from any UK tabloid front page.

In the current climate, we might as well prosecute the local vicar who rails at our 'godless culture'. All it takes is a formal complaint by an offended militant atheist: http://www.independent.ie/national-news/bishop-accused-of-incitement-to-hatred-in-homily-3003057.html

The ruling by the European Court of Human Rights as regards Vejdeland and Others vs. Sweden makes a significant contribution to our understanding of what can now be seen as "fair comment" or even the TA favourite "robust debate".

I can think of at least one recently retired CofE bishop who, by this standard, would now be seen to have broken the law - had his speech not been protected by parliamentary privilege!

It is still incredible that the Church should continue to be an agency of discrimination, rather than of justice - on matters affecting our common humanity.

One longs for the day when prejudices - often espoused by the Church - that have divided us against one another: because of race, ethnic difference, culture and custom, gender and sexual orientation; become the cause of celebration of God's bounty rather then tools of oppression.

When one reflects on the diversity of creation, one cannot but marvel at God's intention to hold all things together in Christ. The metaphor of Paul's description of the Body of Christ being like the human body - made up of different parts, with ALL having relevance to the whole - ought to give the Church a sense of mission for Inclusion.

Such inclusion ought to be natural, and not enforced into an extra 'new' Covenant. We already have one - en Christo.

Source: http://www.thinkinganglicans.org.uk/archives/005380.html

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