challenging religious privilege Bulletin Spring 2013 Issue 53 www.secularism.org.uk European Court rejects extension of religious privilege he European Court of Human Rights has reached LOST LOST Tits decision in the highly Shirley Gary anticipated case of Eweida and Chaplain McFarlane Others v United Kingdom. These were billed as the most significant rulings on freedom of conscience and religion in many years. They raised important issues in relation to the right to religious expression in the workplace in the UK and the reconciliation of freedom of conscience and religion with other rights, most notably freedom from discrimination. LOST WON The court dismissed the three Lillian Nadia Ladele Eweida cases that would have been the most damaging if they had been upheld. This included both cases involving Christian employees refusing to provide services to gay people equally. They were former Relate counsellor Gary McFarlane and civil registrar Lillian Ladele. Nurse Shirley Chaplin also lost, on health and safety grounds, the absolute right to wear a The court dismissed the three cases that would have been the most damaging if they crucifix at work. had been upheld The only case upheld was that of Nadia Eweida – the British significance of Eweida’s ‘victory’ is all of the cases. These include a Airways check-in clerk who had not reduced to the need for employers former archbishop, a number of been allowed to wear any jewellery to think carefully about whether they bishops and a well-funded American (including a crucifix) over her uniform could make an accommodation. evangelical organisation. We believe while working at the check-in desk. That BA had already accommodated the NSS to be the only organisation However, the dismissal of Chaplin’s for minority faiths, and had indeed to have been given permission to case demonstrates that the “right already backed down and changed intervene to make the case that all to wear a cross” at work is still not its uniform policy to accommodate these cases should be dismissed. absolute, and that on occasions Eweida’s demands, somewhat We remain convinced that had any there may be a perfectly legitimate undermined the defence’s case. of the other three cases been lost it reason for employers to interfere There were a large number of would have led to the creation of a with a Christian’s — or anyone else’s interveners coming from a religious hierarchy of rights in human rights — right to manifest their beliefs. The perspective and generally supporting continues on page 2 3 Victory for free speech as Major breakthrough in Government agrees to reform campaign for equality in Also in this issue: section 5 page 2 Scouts and Girl Guides page 4 7“European Court” continued law, led by religion. This could have made it possible for guest houses to display “no gays” signs, not unlike the Feel free to insult me! “no blacks, no Irish, no dogs” of the fifties. It appears from the judgement, Government agrees to which specifically mentioned the NSS, that our intervention was influential. Indeed, the Court backed our central argument that discrimination law is reform section 5 not merely about protecting service provision but also aims to protect the In an important victory for freedom dignity and equal citizenship of gay of expression, the Reform Section and lesbian individuals. 5 Campaign has succeeded in We are pleased to have had the persuading the Government to opportunity to make this contribution remove the word “insulting” from to protect UK equality legislation, Section 5 of the Public Order Act which is probably the most 1986. comprehensive in Europe and the In January, The Home Secretary common-law world. The judgement told the House of Commons that applies throughout Europe. the Government will accept a Lords amendment to remove “insulting” which passed by 150 Rowan Atkinson makes a persuasive votes to 54, despite opposition appeal for reform of Section 5 in the from the Conservative and Labour House of Lords frontbenches. It was the lowest pro- government vote in this Parliament. the Reform Section 5 Campaign Theresa May told the House that led by the Christian Institute and the Director of Public Prosecutions, the National Secular Society. Major having looked back at past cases, supporters included Rowan Atkinson could not identify anywhere the and Peter Tatchell. Keith Porteous Wood discusses the ruling on BBC News behaviour leading to a conviction The change to the law will come could not be described as abusive as into effect when the Crime and Courts The announcement prompted a well as insulting. He advised the Bill completes its passage through media storm with blanket coverage for Government that the word Parliament. us on BBC, ITV and Sky News with the “insulting” could safely be removed We thank all of our members president giving 25 radio interviews without the risk of undermining that took the time to support this and even one on Russian TV. At one the ability of the CPS to bring campaign. Together we’ve achieved stage a media team of five struggled prosecutions. an important and significant victory to meet the demand for interviews. This followed intense lobbying by for freedom of expression. Scottish Catholic adoption agency faces loss of charity status after NSS complaint The Charity Regulator in Scotland dissuaded by such discrimination Our complaint follows a number has told St Margaret’s Children from entering the adoptive pool”. of Catholic adoption agencies and Family Care Society in The NSS complained largely in England severing their links Glasgow that it will lose its because of the latter point, and as with the Church or closing down charitable status if it doesn’t lift the majority of the funding comes because they were not prepared its ban on applications from gay from public money. to follow the law. Numerous couples. We accept entirely that the appeals failed, which will have An investigation concluded Church is entitled to pursue any cost hundreds of thousands of that such discrimination means lawful doctrine in its worship. But pounds in legal fees which could that the charity does not fully running adoption agencies for fees, otherwise have gone into funding comply with the Equality Act. The however, brings with it obligations adoption. Regulator also ruled that it failed under charity and equality law The Scottish government has the charity test because “persons designed to protect both the voiced regret over the Regulator’s in same sex couples who might children and potential adopters. action, but – significantly – has not be suitable adoptive parents The Regulator has concluded, as disagreed with the legal arguments and serve the best interests of we did, that this charity was not underpinning them. The Equality children are simply not considered following the law, and appears so Law was passed in Westminster for by the charity and may be far to be unwilling to do so. the whole of the UK. 2 Bulletin Spring 2013 Parliamentary Bill to restrict NSS contribute ‘religious courts’ supported by peers to BBC review The European Commission and The Bill was given a second on impartiality the House of Commons have been reading on 19 October, almost reluctant to tackle anything that might unopposed and with some very We have given evidence to the restrict, however appropriately, the powerful speeches given by the many BBC’s impartiality review of its practices associated with minority enthusiastic supporters. ‘breadth of opinion’. In a formal religions, such as the growth in the As we expected, however, the submission prepared by NSS sharia ‘law’. Thankfully, peers in the Government is not keen to open president Terry Sanderson, the House of Lords have taken a much up this can of worms, albeit it did NSS has accused the BBC of more robust stance. Seventy of them acknowledge that it was looking a lack of impartiality when it have expressed overwhelming support at another related sensitive area: comes to non-religious voices for the Arbitration and Mediation Muslim marriages that are not and of according religion a kind Services (Equality) Bill to limit the registered and therefore not valid in of fawning respect that no other power of self styled ‘religious courts’. civil law. section of society is granted. The Bill specifically prohibits them Further progress for the Bill is In addition to the formal from acting in a discriminatory way unlikely without more independently- submission Keith Porteous – often to the detriment of women compiled research about the extent Wood and Terry Sanderson and children. The Bill was introduced of the problems. Our latest initiative held discussions with former by Baroness Cox and supported therefore is for the establishment of broadcasting executive Stuart strongly by the NSS with the help of an official House of Lords committee Prebble, who is leading the council member Anne Marie Waters to examine the issues which the Bill review, which will focus on the and executive director Keith Porteous seeks to address. BBC’s news, current affairs and Wood. factual output. NSS urge greater protection of women’s human rights at EU President’s meeting The NSS again participated in the annual EU presidents’ death of Savita Halappanavar, the lunch for leading non-religious and philosophical woman who died in an Irish hospital organisations, along with the recently elected president of after repeatedly being refused an the European Humanist Federation, Pierre Galand, and the abortion that would have saved her president of the European Freethinkers, NSS member Alan life. Frommer. Keith pointed out that one of This year’s NSS delegation comprised of vice president the most striking features of the Elizabeth O’Casey and Keith Porteous Wood.