EU Equal Treatment Directive (July 2009)
A Submission on behalf of Affinity
In response to the UK government’s Consultation on the European Commission Proposal for an Equal Treatment Directive
AFFINITY is pleased to have the opportunity to respond to this Consultation.
Formerly the British Evangelical Council, which was founded in 1952, AFFINITY (registered charity 258924) is a network of evangelical Christian denominations, church groupings and independent causes. It is probably the largest association of exclusively Bible-centred churches in the United Kingdom, representing approximately 1,200 congregations.
Although the whole range of contexts covered by the Consultation is important, the particular concerns of AFFINITY can be contained in a response to questions 2 and 3.
2. Do you support the proposal in the Directive to extend protection against harassment on the grounds of (a) religion or belief and (b) sexual orientation? Please explain why.
We do not support any extension of legal protection against harassment on the grounds of religion or belief or sexual orientation.
Much of the anti-discrimination and anti-harassment legislation already in place has marginalised Christianity, is socially divisive and has severely restricted personal freedom to preach and to practise the Christian faith.
While on the one hand the government has emphasised the importance it attaches to the right to religious belief, it has on the other hand detached this freedom from the right to practise the logical consequence of the beliefs and convictions which are held.
The government has explicitly stated that Christians, for instance, are free to argue that homosexuality is sinful. But, on the other hand, Christians must either conduct themselves as though they did not believe this, or suffer a penalty under the law.
We give two examples, both from The Equality Act (Sexual Orientation) Regulations 2007:
(a) Under the Regulations, a person can only advertise that he has a house to let if he is willing to have a same-sex couple as tenants. A Christian who believes that same-sex relationships of this type are sinful will not be willing to condone and encourage what he regards as sinful practice by letting it happen in his own home. As a consequence, he suffers either the loss of being deprived of any commercial benefit involved (by withdrawing from the market), or the risk of legal action against him if advertises his property for letting, but refuses to accommodate a same-sex couple who may respond to the advertisement.
(b) Under the same regulations, a photographer operating a one-man studio in the High Street of a market town cannot ply his trade unless he is prepared to undertake a commission to be the photographer at a civil partnership ceremony and reception. This situation pits his conscience against his ability to carry on in business, which is cruel and unjust. Same-sex couples can with great ease go to another photographer, but the photographer cannot easily go to another business career. The government evidently either presumes that the disadvantage the Regulations impose upon conscientious Christians is acceptable, or it is assuming that Christians should be hypocritical – acting in a way which is inconsistent with the biblical principles which they sincerely believe.
These two examples show that current legislation denies equality to, and thus discriminates against, those who seek the freedom to practise a religion in which conduct is guided by moral principles.
A particular unfairness of current legislation is that it purports to protect the rights, interests and benefits of the consumers of commercial services, but is quite indifferent to the rights, interests and benefits of the providers of commercial services, many of whom are, like their customers, only individuals. This is not equality.
Any extension of “protection” is sure to discriminate even more against those who want to live consistently by their Christian faith, and for this reason we wholeheartedly oppose any such extension.
3. Do you have concerns about the proposal? Please explain why.
Yes, we have concerns. Already there have been numerous cases of complaint against Christian preachers, ordinary individual Christians, and the actions of churches. These complaints have been made by people who think that it is no longer permitted or acceptable that Christians should preach or practise Christianity. In some of these cases the police and other authorities have acted in a disproportionate way, causing considerable stress and injustice to the Christians concerned. In the vast majority of these cases, the investigations have not led to any offence being identified, but this does not make the experience for innocent people any less stressful.
Further provisions to curb “harassment,” which the law allows to be defined by the complainant, will only make the situation worse, increasing the spread of the “victim culture” and creating the inequalities and social divisions which the whole family of anti-discrimination legislation is intended to remove.
It may be wondered why we are not more enthusiastic about a public policy which seeks to protect people from discrimination on the ground of religion and belief.
The answer to this is that the groups we represent are made up overwhelmingly of moderate, reasonable people who passionately believe in freedom to act in accordance with conscience, and to discuss any issue and listen to any and every point of view in an even-tempered manner.
The fact that, at this moment in the history of the UK, Christianity is ignored, mocked or vilified is deeply disappointing to us, but however distressing it might be that people respond to it with hostility or ridicule, we would not want our feelings to be protected by law. We want the whole population of the UK to be free to debate the issues of the day, from all their various perspectives.
It is ironic that the equality legislation has penalised the members of our churches far more than it has protected them. We very much regret that, and will, courteously and reasonably but with conviction, oppose any measures which will have the effect of further restricting the liberty to live consistent Christian lives.
Submitted on behalf of AFFINITY by:
Rod Badams
c/o The Fellowship of Independent Evangelical Churches
39 The Point
Market Harborough
LE16 7QU.
Tel. 01858 411554
Email:
