European court rejects Christian legal challenges on discrimination

The Christian Legal Centre believes the European Court of Human Rights cannot be relied upon to protect freedom of conscience for UK Christians AP

Three UK Christians have lost their legal challenges over workplace discrimination at the European Court of Human Rights.

Gary McFarlane, Shirley Chaplin and Lillian Ladele had requested a referral after losing their appeals to the Strasbourg court in January.

They appealed to the court alongside check-in worker Nadia Eweida, who won her discrimination claim against British Airways after being banned from wearing a cross at work.

Nurse Shirley Chaplin was removed from frontline ward duties for refusing to remove a cross necklace but the court ruled there were legitimate health and safety concerns.

Relationships counsellor Gary McFarlane was dismissed for gross misconduct after telling his employer he could not in conscience provide sex therapy to same-sex couples, while registrar Lillian Ladele was discplined after asking her employer to be exempt from registering same-sex couples. The court determined that both employers were acting in accordance with their obligations under discrimination law.

This week's ruling from the Grand Chamber has prompted calls for stronger protections to be included in the Marriage (Same Sex Couples) Bill, which comes before the House of Lords for a second reading on 3 June.

article Related

The Christian Legal Centre, which supported Gary McFarlane and Shirley Chaplin, said the Prime Minister's assurances of freedom of conscience if the Bill becomes law are "worthless".

Andrea Minichiello Williams, chief executive of the Christian Legal Centre, said the Grand Chamber's decision to reject the referrals means that the European court "cannot be relied on" to protect freedom of conscience for Christians in the  UK.

"The ECHR has washed its hands of these cases and said that it is down to member states to rule on these matters. The European court has made it clear that it doesn't want to interfere," she said.

"With sexual orientation a 'protected characteristic' under UK equality laws, Christians' consciences concerning marriage and sexual ethics is not protected. We have seen time and again in British courts that when they come into conflict, sexual orientation rights trump freedom of religion rights."

She warned that the Bill leaves clergy with a traditional understanding of marriage in a vulnerable position.

"In the Bill as it stands there is no provision, for example, for individual clergy," she said. "If the Church of England 'opt in' to conducting same sex marriages, there is absolutely no protection for individual clergy who may refuse to conduct such services.

"Up to one in 10 CofE clergy could take this position which could result in thousands of people losing their jobs over their Christian beliefs about marriage."

related articles
Full statement from Andrea Minichiello Williams on rejection of Christian discrimination cases

Full statement from Andrea Minichiello Williams on rejection of Christian discrimination cases

News
A mother’s love: a reflection of God’s heart
A mother’s love: a reflection of God’s heart

Mother’s Day is upon us and if you’re still searching for the perfect gift, maybe this article found you right on time. 

The medieval origins of Mothering Sunday
The medieval origins of Mothering Sunday

What is most significant is that the particular tradition of ‘Mothering Sunday’ – as found in the UK, Ireland and some Commonwealth countries – has its roots in an event that is much older than the US celebration and the commercial card-giving and gift-giving that the US event has inspired. And these roots express Christian beliefs and practices.

How the world’s oldest story of a women’s rights campaign is the Bible
How the world’s oldest story of a women’s rights campaign is the Bible

What is probably the world’s first recorded successful women’s rights campaign is in the Bible. Here is the story ...

Who are some of the most significant mothers of the Bible?
Who are some of the most significant mothers of the Bible?

On Mothering Sunday, we can remember the famous mothers of the Bible. Many of these mothers played an important role not only in the Bible, but also in history and theology. This is the story …