sharing a double bed. The reason for
this was that the Bulls’ religious
beliefs were such that they would only
let heterosexual married couples
share a bed in their hotel. The
ultimate decision of the Supreme
Court was that the Preddy-Halls were
the victims of discrimination. The
Court held that the Bulls’ right to
practise their religion was not a
sufficient reason to permit them to
discriminate against the couple.
There have been a number of
other cases where the rights of the
LGBT customers have clashed with
those seeking to discriminate against
them due to religious beliefs, and
these cases tend to attract media
attention. The current line is that
religious beliefs, however firmly held,
are not a sufficient reason to
discriminate against LGBT customers.
However this is the line that some are
seeking to re-draw. The Religious
Freedom Restoration Act in Indiana is
an attempt by the legislature there to
bolster the rights of the religious, and
is widely seen as an attempt to
permit legal discrimination against
LGBT customers.
There is the current case in
Northern Ireland involving a bakery
that has refused to bake a
cake decorated with the
slogan ‘Support Gay
Marriage’ because the
bakers quite clearly do not
support gay marriage. At
the time of writing, the
bakery owners have
been found guilty of
discrimination, and are
appealing the verdict.
So what can you do if
you are a victim of
discrimination based on
sexuality? The Equality Act
2010 permits a claim to be
made for damages in the
civil courts. It is not a crime
that should involve the
police. There is a standard form of
questionnaire, which should be
completed and sent to the offending
business. This may resolve the matter
or lead to mediation. If the case cannot
be settled then the complainant
should issue an application to the
court. This would enable the court to
make an award in damages if the
discrimination were found.
Obviously, one would prefer at
the outset to patronise businesses
that support equality, LGBT customers
and so on. There is enough to do
when getting married without having
litigation to deal with as well – and
the outfits are not likely to be suitable
for both occasions. But if you do find
yourself on the receiving end of such
conduct, then the Equality and
Human Rights Commission is your
friend and the following link is your
starting point:
act-2010-guidance
Daniel Williamson is a partner at
David Clark & Co Solicitors.
RIGHTS...........
pink weddings magazine » 9
Equality
THE EQUALITY ACT, 2010
Brought together key pieces of legislation into one single act to
protect the rights of individuals and advance equality, including
regulation against discrimination based on sexual orientation.
EQUALITY AND HUMAN RIGHTS COMMISSION
Established by the Equality Act 2006, and responsible for the
promotion and enforcement of equality and non-discrimination
laws in England, Scotland andWales.
BULL AND BULL V PREDDY AND HALL, 2009
The Supreme Court ruled in favour of Steven Preddy and Martyn
Hall, and dismissed hoteliers Mr and Mrs Bull’s appeal.
The Supreme Court said: ‘If Mr Preddy and Mr Hall were hotel
keepers who had refused a room to Mr and Mrs Bull because they
were Christians (or even because they were an opposite sex
couple), the Commission would have been just as ready to support
Mr and Mrs Bull in their claim. Each of these parties has the same
right to be protected against discrimination by the other.’
If you do find
yourself on the
receiving end of
unacceptable
conduct, then the
Equality and
Human Rights
Commission is
your friend.
