Sexual Orientation Regulations
Introduction
The Government is consulting on new laws to outlaw ‘homophobic’ discrimination in the provision of goods, facilities and services. Unless there are exceptions:
• Religious organisations could be sued for refusing to endorse gay rights
• Schools could become a legal battleground for the promotion of homosexuality
• Hundreds of B&Bs could be forced to close simply for reserving double beds for married couples
Religious liberty under threat
The new laws will apply to:
• Provision of goods or services (whether or not a charge is made)
• Renting or selling property
• Public bodies
• Schools
The activities of churches and religious organisations will be caught by the new laws. The Government is prepared to consider narrow exemptions protecting baptism, communion and church membership. But it is an uninformed view of faith which reduces it merely to these things.
Religious people express their faith through all sorts of community activities and services. These are carried out in a way which is consistent with religious conscience. The Equality Act 2006, which outlawed religious discrimination, specifically protected the ability of religious organisations to be selective on grounds of religion. But, under the proposals, where sexual morality is concerned these protections will be worthless - unless they are mirrored precisely by the Sexual Orientation Regulations.
Examples
Christian organisations have no problem treating homosexual people with respect. That is what their faith requires. But their faith also requires them to practice what they preach. Sometimes, this means saying ‘no’.
• A church would have to say ‘no’ to a gay rights group that wanted to hire out the church hall.
• A Christian old people’s home would have to say ‘no’ to a homosexual couple who applied for a double room.
• A Roman Catholic adoption agency would have to say ‘no’ to placing a child with a homosexual couple.
Conscientious objection
Serving a homosexual person a cup of coffee or selling him a bible involves no compromise and Christians are happy to do it. But providing a platform for a gay rights group in your church or Christian conference centre is quite different. Forcing them to do this would be like forcing the Labour party to hire out its HQ to the Conservatives, or forcing a vegetarian co-operative to hire its facilities to the Meat Marketing Board.
Many Christians believe providing some facilities would make them complicit in the sin of another. Hundreds of B&B owners have already written to the DTI explaining that they could not give a double bed in their own home to a homosexual couple. Yet the consultation paper specifically states that such a refusal is to be made illegal.
Gay rights in schools
Christians would endorse the principle that all pupils should be treated equally and receive the same quality of education. For those young people in school who self-identify as homosexual we would wish them to receive the same quality of education a everyone else. Christians would not want them, or anyone else, to be bullied.
The problem is that gay rights groups view schools as a platform for promoting their agenda. In North America, gay rights activists have sued to get pro-gay books in schools. Unless the school curriculum is exempt from the regulations we can expect litigation to force the promotion of gay rights in the classroom. Unless there are other robust exemptions:
• Christian Unions could be banned from meeting on school premises if the claim is made that the CU is ‘anti-gay’.
• Faith schools could be sued for teaching that sex outside of marriage is morally wrong.
• A Christian school could be sued if it forbids homosexual displays of affection.
The curriculum was specifically exempted from the religious discrimination laws. Why should gay rights be more far-reaching than religious rights?
Summary
The new sexual orientation regulations are far more controversial than the Government seem to recognise.
• Without robust exemptions for religious groups the courts will be required to adjudicate on sensitive matters of religious faith.
• Without proper protections for schools they could be come a legal battleground between parents and gay rights groups.
• Without exemptions for small B&B owners, family run businesses will go to the wall simply for offering a homosexual couple separate rooms.
Simon Calvert
22 May 2006
