Geoff Whelan at QED recommended to me Lord Justice Laws’s judgement in McFarlane v Relate Avon Limited. It’s a joy to read, he said, so I read it. It is.
The case is the guy who was dismissed for refusing to provide sex counselling to gay couples even though that was part of his job. He claimed religious discrimination. George Carey, the retired archbishop of Canterbury who now writes for the Daily Mail, gave a witness statement.
10. The description of religious faith in relation to sexual ethics as ‘discriminatory’ is crude; and illuminates a lack of sensitivity to religious belief. The Christian message of ‘love’ does not demean or disparage any individual (regardless of sexual orientation); the desire of the Christian is to limit self destructive conduct by those of any sexual orientation and ensure the eternal future of an individual with the Lord.
11. The field of sexual ethics and Christian (and other religious) teaching on this subject is a field of complex theology for debate by the Church and other religious institutions. The vast majority of the more than 2 billion Christians would support the views held by Ms Ladele. The descriptive word ‘discriminatory’ is unbefitting and it is regrettable that senior members of the Judiciary feel able to make such disparaging comments.
12. The comparison of a Christian, in effect, with a ‘bigot’ (ie a person with an irrational dislike to homosexuals) begs further questions. It is further evidence of a disparaging attitude to the Christian faith and its values. In my view, the highest development of human spirituality is acceptance of Christ as saviour and adherence to Christian values. This cannot be seen by the Courts of this land as comparable to the base and ignorant behaviour. My heart is in anguish at the spiritual state of this country.
Right. Christians can’t be bigots, because they’re Christians, which is the highest development of spirituality, so that couldn’t possibly be the same as bigotry, because it’s higher. The courts of that land have to see it that way. They have to, I tell you.
I appeal to the Lord Chief Justice to establish a specialist Panel of Judges designated to hear cases engaging religious rights. Such Judges should have a proven sensitivity and understanding of religious issues and I would be supportive of Judges of all faiths and denominations being allocated to such a Panel. The Judges engaged in the cases listed above should recuse themselves from further adjudication on such matters as they have made clear their lack of knowledge about the Christian faith.
So that Christians can do whatever they want to without anyone saying that’s bigotry, because the specialist judges will already think what we want them to think, because they have proven sensitivity and understanding and we know what they will rule.
Lord Justice Laws…
the conferment of any legal protection or preference upon a particular substantive moral position on the ground only that it is espoused by the adherents of a particular faith, however long its tradition, however rich its culture, is deeply unprincipled. It imposes compulsory law, not to advance the general good on objective grounds, but to give effect to the force of subjective opinion. This must be so, since in the eye of everyone save the believer religious faith is necessarily subjective, being incommunicable by any kind of proof or evidence. It may of course be true; but the ascertainment of such a truth lies beyond the means by which laws are made in a reasonable society. Therefore it lies only in the heart of the believer, who is alone bound by it. No one else is or can be so bound, unless by his own free choice he accepts its claims.
The promulgation of law for the protection of a position held purely on religious grounds cannot therefore be justified. It is irrational, as preferring the subjective over the objective. But it is also divisive, capricious and arbitrary. We do not live in a society where all the people share uniform religious beliefs. The precepts of any one religion – any belief system – cannot, by force of their religious origins, sound any louder in the general law than the precepts of any other. If they did, those out in the cold would be less than citizens; and our constitution would be on the way to a theocracy, which is of necessity autocratic. The law of a theocracy is dictated without option to the people, not made by their judges and governments. The individual conscience is free to accept such dictated law; but the State, if its people are to be free, has the burdensome duty of thinking for itself.
Now here’s a funny thing. I Googled the case to make sure the judgement is online so that it would be ok for me to quote from it. One of the top items on the search was…
A post by our friend Eric on this very subject in January 2011. I remember reading it at the time, and finding it a joy to read.