Christians and innkeepers

Why hotels should not discriminate.

Two Christians are to appeal for the right to turn couples away from inns. It is reported that in making this appeal they are being supported by the Christian Institute.

On one level this is all quite bizarre. One would perhaps expect Christians to be rather less judgemental, in accordance with the recorded liberal and inclusive teachings of Jesus of Nazareth. After all, he was welcoming to sex workers and even tax collectors. But, then again, how the many Christians who believe Mary being impregnated by a "god" is somehow more normal than gay sex has always been quite beyond me.

However, the contentions of the hoteliers in this case are troubling regardless of any seeming conflict between homosexuality and a distorted form of Christianity. Indeed, there is a very basic legal principle at stake.

It is a great and ancient English legal tradition that any hotel is in principle open to any guest. Inns, like toll bridges and ferries, should be open to all comers who are able to pay their way.

As a legal tradition, this predates the Victorian legal invention of extreme freedom of contract doctrine. It was simply not open to the innkeeper, the tollhouse, or the ferryman to refuse to enter into a contract on a whim. There was always a greater public interest than selfish contractual autonomy.

This area of law, aspects of which are called "common carriage", is still highly relevant today. Modern telecommunications and utilities law is to a large extent premised on such rules of "common carriage". It also informs the ongoing debates on net neutrality.

The duties that one owes to strangers are central to any developed system of law, as they are to any sensible system of ethics. In both legal and ethical contexts, there is long tradition of valuing the hospitality to be given to travellers and guests.

So it is saddening that some followers of the very religion that gave us the parable of the Good Samaritan appear now to be completely unaware of this.

 

David Allen Green is legal correspondent of the New Statesman.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Barack Obama throws a Reaganesque baton of hope to Hillary Clinton

The 44th President's speech backing Clinton was also his swan song. 

Barack Obama looked at ease as he stepped up to praise Hillary Clinton and endorse her as the Democratic Presidential nominee.

To an upbeat soundtrack by U2 and cheers of his 2008 campaign slogan, "yes we can", he took to the podium at the Democratic convention. 

Borrowing the sunny optimism once so skilfully deployed by Republicans, Obama struck back against Republican nominee Donald Trump's "deeply pessimistic vision" of the United States.

He declared: "The America I know is full of courage and optimism and ingenuity. The America I know is decent and generous."

Like his wife Michelle, Obama painted Clinton as a grafter who wasn't in it for the fame. 

He praised her campaign when they were rivals for the Democratic nomination in 2008, and said that when she served as a member of his team he had "a front-row seat" to her intelligence, judgement and discipline. 

He declared: "I can say with confidence there has never been a man or a woman, not me, not Bill, nobody more qualified than Hillary Clinton to serve as president of the United States of America."

He then joked to Bill Clinton, the former President, who was standing applausing: "I hope you don't mind, Bill, but I was just telling the truth, man."

The two-terms President continually urged Democratic voters, many of whom originally backed Bernie Sanders, to get out and vote. "Democracy isn't a spectator sport," he said.

But while Obama was there to add some sparkle to the Clinton campaign, it was also an opportunity to shape his legacy. 

Commentators have often compared Obama to the popular Democratic President John F Kennedy, or the less popular but idealistic Jimmy Carter. 

Obama, though, has in the past praised the Republican President Ronald Reagan for changing the trajectory of US politics. 

In his speech, he borrowed from the "eternal optimist" to compare the Democrats with the Republicans. 

He said: "Ronald Reagan called America "a shining city on a hill." Donald Trump calls it "a divided crime scene" that only he can fix.

"It doesn't matter to him that illegal immigration and the crime rate are as low as they've been in decades, because he's not actually offering any real solutions to those issues. He's just offering slogans, and he's offering fear. He's betting that if he scares enough people, he might score just enough votes to win this election."

Obama praised a diverse country, where immigrant cultures combined: "That is America. That is America. Those bonds of affection, that common creed. We don't fear the future; we shape it, embrace it, as one people, stronger together than we are on our own."

The 44th President bowed out by referring to his 2008 campaign of hope, and telling voters "America, you have vindicated that hope". And he thanked them "for this incredible journey":

"I'm ready to pass the baton and do my part as a private citizen. So this year, in this election, I'm asking you to join me, to reject cynicism and reject fear and to summon what is best in us; to elect Hillary Clinton as the next president of the United States."

There is no doubt that Obama's warm audience was ready to pick up that baton and pass it on. Whether the wider country will be warmed up enough by his Reagan rhetoric remains to be seen. 

You can read the full speech here