British
Anti-Discrimination Law Upheld
by Kilian Melloy,
edgeboston.com from the Web, September 11, 2007
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Rita Wild of the Lesbian Advocacy Services called
the ruling "a real triumph”Rita Wild of the Lesbian Advocacy
Services called the ruling "a real triumph." |
A British High Court has found that
all except one of the provisions in the Sexual Orientation Regulations are
lawful.
The High Court’s Justice Weatherup found that language regarding harassment of
GLBT people should be removed from the Regulations, but that otherwise the
provisions -- which provide GLBT Brits from discrimination, including for
education as well as the delivery of goods and services -- were in good legal
order, according to a story posted online today by the BBC News.
Those who discriminate in these areas based upon sexual orientation may face
fines of up to £15,000.
The Sexual Orientation Regulations were challenged by the Christian Institute,
along with various churches, who called the Regulations a "gay rights charter,"
and claimed that they opened the door to "blatant infringement" of the religious
rights of Christians who may object to homosexuals on religious grounds.
The churches and the Christian Institute also expressed worries that the
Regulations could be used to justify harassment of Christians.
In the end, however, it was the provision relevant to harassment of GLBT people
that was found unlawful by the High Court justice. Though GLBT customers
and consumers must be accorded equal access to goods and services, the justice
found, it would be unlawful to hinder them from expressing distaste for GLBT
people.
The finding came after a hearing last June, and Justice Weatherup’s opinion
summarized the finding by saying, in part, "The applicants contend that the
regulations treat evangelical Christians less favorably than other persons to
the extent that they are subject to civil liability for manifesting the orthodox
belief in relation to homosexuality," but that "I am satisfied that the
regulations do not treat evangelical Christians less favorably than others."
Both sides of the case expressed satisfaction with the outcome.
Said Colin Hart, director of the Christian Institute, "It means that freedom of
speech is preserved."
Meantime, Rita Wild of the Lesbian Advocacy Services Initiative praised the
ruling, calling it "a real triumph," even as she acknowledged some
disappointment that a portion of the Regulations had been stricken down.
Said Wild, "The harassment provision would have been fantastic had it held,
because it is desperately needed. However, the regulations, which are
extraordinary broad in their scope, have stayed."
The law came into effect in January of this year, but were challenged, in part,
on the grounds that former Secretary of State Peter Hain had given parts of the
U.K. only six weeks to review the Regulations, whereas in most of Britain there
was a six-month period for review.
That six-week review period was the main reason why, justice Weatherup said, the
harassment provision needed to be stricken.
Kilian Melloy reviews media, conducts interviews, and writes
commentary for EDGEBoston, where he also serves as Assistant Arts Editor
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