Subj: UK: Sexual Orientation and Religious Liberty – UPDATE.

The Sexual Orientation Regulations (SORs) imposed on Northern Ireland by the British government before devolution, became law on 1 January 2007. Similar SORs became law in England, Wales and Scotland on 30 April. The Christian Institute <http://www.christian.org.uk> secured the right to a judicial review of Northern Ireland’s SORs, and this was heard in the High Court in Belfast, Northern Ireland, over five days in June.

The High Court was asked to consider whether Northern Ireland’s Sexual Orientation Regulations unduly interfere with religious liberty contrary to the Human Rights Act. It was acknowledged at the time that the outcome could serve as a precedent for challenging the SORs now in force in Great Britain.

For background analysis and links to the SORs, see WEA RLC News & Analysis posting “UK: Sexual Orientation and Religious Liberty”, 1 June 2007. (Link 1)

—————–

UPDATE

The judicial review did not yield everything some Christians might have hoped for, but it has improved the situation considerably and for that the Christian Institute is to be commended. While the SORs will not be repealed and Christians will not have an automatic right to abide by their consciences and deny certain services to peoples on account of their sexual orientation, the SORs have been narrowed and the harassment provisions have been quashed to preserve free speech.

Jonathan Petre, the Religion Correspondent for the Telegraph reported on the 11 September High Court ruling. “The Government suffered an embarrassing setback in its efforts to extend homosexual rights yesterday when a judge quashed harassment laws introduced in Northern Ireland.

“In a ruling hailed as ‘significant’ by Christian groups, the High Court judge in Belfast decided that the rules should not have been included in sexual orientation regulations that came into force in January.

“Church leaders have argued that such laws could seriously restrict religious freedom, because Christians who merely express the belief that homosexuality is immoral may face legal action.

“But the Church groups failed to persuade the judge to throw out the rest of the regulations, which ban businesses from denying goods or services to individuals on the basis of their sexual orientation.

“In a 42-page ruling [available on the website of the Christian Institute], Mr Justice Weatherup said he had quashed the harassment provisions partly because of the way they were introduced but also because of their ‘extended reach’. He said that, as they were framed, they could involve infringements of both freedom of speech and the right to manifest a religious belief.

“Colin Hart, the director of the Christian Institute, said yesterday that he was delighted that the harassment portion of the legislation had been struck down. ‘It means that freedom of speech is preserved,’ he said.

“But gay rights campaigners welcomed the judge’s refusal to throw out the rest of the sexual orientation regulations.” (Link 2)

Following review of the SORs in Northern Ireland, the Evangelical Alliance of UK (EAUK), whilst acknowledging the divisions and anxieties in the Christian community, urged Christians to “Respond with respect”. The EAUK press release of 11 September can be found at link 3.

According to the Christian Institute, the ruling narrows the SORs in Northern Ireland “so that they cannot apply to the school curriculum or affect every activity of a faith-based group which receives some public funding (only the specific activity for which a faith-based group receives public funding will be affected)”. And the quashing of the harassment provisions means that “Christians cannot be sued for expressing their opposition to homosexual practice.” (Link 4)

The Christian Institute reports: “The judge also ruled that religious liberty may be significantly affected by the regulations in individual cases which may come before the courts . . . The judge added that in such cases County Courts in Northern Ireland should consider the principles of the Brockie case from Canada. In that case a court ruled that a Christian printer should not be forced to print material which goes against his core religious beliefs, but that a Christian printer must be willing to print other material, such as letterhead, for homosexual customers.”

Clearly this recommendation, that County Courts “consider the principles of the Brockie case from Canada” is only that: a recommendation. The Christian Institute is aware of this and has expressed its commitment to “work hard to support cases of strategic importance to religious freedom . . . and ensure that the principles from [the] High Court ruling are followed in the rest of the UK”.

HARASSMENT “IN THE REST OF THE UK” – harassment, religious liberty and Britain’s proposed Single Equality Bill.

The British Government is presently holding consultations about whether to introduce harassment laws into the rest of Britain as part of a proposed Single Equality Bill.

The aim of the Single Equality Bill is to simplify 40 years of legislation on race, sex and disability prejudice under a single law. As noted by the Christian Institute, the Belfast High Court’s decision to quash the harassment provisions should be very helpful in opposing such laws in Great Britain. (Link 5)

The Church of England has protested that if the harassment provisions are included in the Single Equality Bill then Christians in Britain could find themselves being sued if they offend or humiliate homosexuals by expressing the traditional Biblical teaching that homosexual sex is immoral.

The Telegraph reports: “The Church of England, in its official submission to the Government’s consultation on the Bill, said the proposed harassment laws were unnecessary. ‘To deny Christians (and followers of other faiths which take a similar view) such a right would amount to an unjustified interference with the right to manifest religious belief.’” (Link 6)

The government consultation paper and the Church of England Archbishop’s response can be found at link 7.

Elizabeth Kendal

Links

1) UK: Sexual Orientation and Religious Liberty. 1 June 2007 By: WEA RLC Principal Researcher and Writer, Elizabeth Kendal http://www.worldevangelicalalliance.com/news/view.htm?id=1154

2) Judge squashes part of UK gay rights laws By Jonathan Petre, Religion Correspondent. 13 Sept 2007 http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/09/12/nharass112.xml AND Judge strikes down Sexual Orientation Regulations provision By Tony Grew, 11 September 2007 http://www.pinknews.co.uk/news/articles/2005-5422.html ALSO: Stonewall dismisses “Pyrrhic victory” for Christians By Tony Grew, 11 September 2007 http://www.pinknews.co.uk/news/articles/2005-5424.html

3) “Respond with Respect”. EAUK press release, 11 Sept 2007 http://www.eauk.org/media/sor.cfm

4) High Court judge quashes homosexual harassment law http://www.christian.org.uk/soregs/niresult_11sept07.htm

5) How the High Court ruling on the SORs affects Great Britain http://www.christian.org.uk/soregs/niresult_14sept07.htm

6) Church fears lawsuits over gay rights By Jonathan Petre, Religion Correspondent. 9 Sept 2007 http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/09/07/ngay107.xml

7) Discrimination Law Review A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain. A consultation paper. http://www.communities.gov.uk/documents/corporate/pdf/325332 Archbishops’ Council responds to Single Equality Bill proposals. 6 September 2007. http://www.cofe.anglican.org/news/pr8207.html

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