Baggage-handling, pastoring and sexual orientation: Houston

Colin Houston worked for Swissport as a baggage-handler at Belfast International Airport. He is also a heterosexual Christian pastor who disapproves of same-sex relationships and same-sex marriage. He was dismissed in September 2016 following a series of incidents [6]. He took his case to a Fair Employment Tribunal, claiming direct discrimination, harassment and victimisation on grounds of sexual orientation and/or religious belief/political opinion [28(1)]. Continue reading

Limits on preaching in a prison chapel: Trayhorn

Background

In Trayhorn v The Secretary of State for Justice (Religion or Belief Discrimination) [2017] UKEAT 0304/16/0108, Mr Trayhorn was a gardener/horticulturalist at HM Prison Littlehey, which houses a large number of sex offenders and young offenders. He has also been an ordained Pentecostal minister since 2009. At a Pentecostal service in the prison chapel on 31 May 2014, he spoke to a congregation of prisoners about homosexuality as sinful, quoting from 1 Corinthians 6: 9-11.

There had been a previous complaint by the LGBT coordinator in February 2014 about Mr Trayhorn’s comments during a service on 8 February 2014. Continue reading

Law and religion round-up – 6th August

A week that saw everything from an important ruling on the scope of the Guidance on the Prevent Duty to mistaken identity in a Cardiff pub..

Prevent

The Prevent Duty, under which “specified authorities” – includiing schools and colleges – must show “due regard to the need to prevent people from being drawn into terrorism”, is somewhat controversial. Supporters insist that it is fundamentally about safeguarding students against all forms of extremism, while critics argue that Prevent predominantly targets – and stigmatises – Muslim communities. Continue reading

Law and religion round-up – 30th July

A busy week, dominated by the tragic case of Charlie Gard.

Charlie Gard

We have been following the recent Charlie Gard case, but we refrained from reporting on day-to-day developments in the case because we felt that the issues involved were beyond our remit and the medical aspects were well outside our specific expertise. In his judgment in Great Ormond Street Hospital v Gard [2017] EWHC 1909 (Fam) Mr Justice Francis commented:

“A lot of things have been said, particularly in recent days, by those who know almost nothing about this case but who feel entitled to express opinions. Many opinions have been expressed based on feelings rather than facts” [1].

“The world of social media doubtless has very many benefits but one of its pitfalls, I suggest, is that when cases such as this go viral, the watching world feels entitled to express opinions, whether or not they are evidence-based” [11]. Continue reading

Law and religion round-up – 23rd July

The week’s news seems to underline the wisdom of the injunction in the Persil advert: Always Keep Away From Children

The Supreme Court

First, though, the big news of the week: Baroness Hale of Richmond will succeed Lord Neuberger of Abbotsbury as President of the UK Supreme Court on 2 October. Lady Justice Black, Lord Justice Lloyd Jones and Lord Justice Briggs will all join the Supreme Court as Justices on the same day.

Sexual orientation and “British Values”

An Orthodox Jewish school in Hackney has failed its third Ofsted inspection because it did not teach its pupils about sexual orientation. The inspectors reported that the pupils at Vishnitz Girls School, who range in age from three to eight,

“are not taught explicitly about issues such as sexual orientation. This restricts pupils’ spiritual, moral, social and cultural development and does not promote equality of opportunity in ways that take account of differing lifestyles. As a result, pupils are not able to gain a full understanding of fundamental British values.” Continue reading

Law and religion round-up – 18th June

And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …

Access for Northern Ireland women to free abortion in England

On Thursday we posted Frank’s analysis of R (A and B) v Secretary of State for Health [2017] UKSC 41 in which the Supreme Court considered:

  • Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
  • Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?

The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. Continue reading

Heterosexual bed & breakfast in Scotland

The Equality and Human Rights Commission in Scotland has issued the following press release concerning complaints about the Cromasaig Bed and Breakfast website:

Commission concludes ‘heterosexual friendly’ bed and breakfast case

Published: 15 Jun 2017

The Equality and Human Rights Commission (EHRC) in Scotland has reached a successful conclusion in its case against the owners of a bed and breakfast. The EHRC had received several complaints about the Cromasaig Bed and Breakfast website, which previously stated it is a ‘heterosexual friendly bed and breakfast’.

Continue reading