Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Christians deserve more respect, says top judge

 

Ian Johnston
Friday 21 March 2014 01:22 GMT
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

One of Britain’s top judges has said it is not difficult to see why British Christians “feel their religious beliefs are not being sufficiently respected” in a speech about the clash between the rights of believers and sexual equality.

Lady Hale, deputy president of the Supreme Court, questioned whether a “hard-line EU-law approach” to some forms of discrimination could be sustained and if it might not be “a great deal simpler” to require employers to make a “reasonable accommodation for the religious beliefs of others”.

Her remarks, in a speech at Yale Law School in the US which was posted on the Supreme Court’s website, come after a string of legal cases in which Christian people have protested about not being able to wear a cross at work or have refused to provide services such as a double room in a B&B to gay people.

In the speech, titled Religion and Sexual Orientation: The clash of equality rights, Lady Hale said: “It is not difficult to see why the Christians feel that their religious beliefs are not being sufficiently respected.

“Other religions with stricter dress codes or dietary laws are demanding concessions which Christians feel that it is harder to claim because they cannot point to equivalent religious requirements.”

She said European Union laws had produced many “technicalities”, adding: “Would it not be a great deal simpler if we required the providers of employment, goods and services to make reasonable accommodation for the religious beliefs of others?

“Then employers might have to make reasonable accommodation for the right of their employees to manifest their religious beliefs and suppliers of services might have to make reasonable accommodation for the right of their would-be customers to use them.”

She said in Canada people who refused to provide a service – such as hiring out a hall for a gay wedding – were required to find an alternative.

But she added she was “not sure how comfortable I would be with the sort of balancing exercise required by the Canadian approach”.

Lady Hale concluded her speech by saying it was “fascinating” that the UK, “a country with an established church, can be less respectful of religious feelings than one without”.

Lord Carey, the former Archbishop of Canterbury, told The Daily Telegraph that he welcomed Lady Hale's “recognition that there is a considerable problem for the courts in adjudicating around a series of competing rights”.

“Her suggestion of a test of ‘reasonable accommodation’ recognises that the law and the courts have failed to balance competing rights properly,” he said.

“It remains my view that a panel of lawyers with expertise and a knowledge of religious faith is badly needed.”

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in