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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No, Jeremy Corbyn did not refuse to condemn the IRA. Please stop saying he did

Guys, seriously.

Okay, I’ll bite. Someone’s gotta say it, so really might as well be me:

No, Jeremy Corbyn did not, this weekend, refuse to condemn the IRA. And no, his choice of words was not just “and all other forms of racism” all over again.

Can’t wait to read my mentions after this one.

Let’s take the two contentions there in order. The claim that Corbyn refused to condem the IRA relates to his appearance on Sky’s Sophy Ridge on Sunday programme yesterday. (For those who haven’t had the pleasure, it’s a weekly political programme, hosted by Sophy Ridge and broadcast on a Sunday. Don’t say I never teach you anything.)

Here’s how Sky’s website reported that interview:

 

The first paragraph of that story reads:

Labour leader Jeremy Corbyn has been criticised after he refused five times to directly condemn the IRA in an interview with Sky News.

The funny thing is, though, that the third paragraph of that story is this:

He said: “I condemn all the bombing by both the loyalists and the IRA.”

Apparently Jeremy Corbyn has been so widely criticised for refusing to condemn the IRA that people didn’t notice the bit where he specifically said that he condemned the IRA.

Hasn’t he done this before, though? Corbyn’s inability to say he that opposed anti-semitism without appending “and all other forms of racism” was widely – and, to my mind, rightly – criticised. These were weasel words, people argued: an attempt to deflect from a narrow subject where the hard left has often been in the wrong, to a broader one where it wasn’t.

Well, that pissed me off too: an inability to say simply “I oppose anti-semitism” made it look like he did not really think anti-semitism was that big a problem, an impression not relieved by, well, take your pick.

But no, to my mind, this....

“I condemn all the bombing by both the loyalists and the IRA.”

...is, despite its obvious structural similarities, not the same thing.

That’s because the “all other forms of racism thing” is an attempt to distract by bringing in something un-related. It implies that you can’t possibly be soft on anti-semitism if you were tough on Islamophobia or apartheid, and experience shows that simply isn’t true.

But loyalist bombing were not unrelated to IRA ones: they’re very related indeed. There really were atrocities committed on both sides of the Troubles, and while the fatalities were not numerically balanced, neither were they orders of magnitude apart.

As a result, specifically condemning both sides as Corbyn did seems like an entirely reasonable position to take. Far creepier, indeed, is to minimise one set of atrocities to score political points about something else entirely.

The point I’m making here isn’t really about Corbyn at all. Historically, his position on Northern Ireland has been pro-Republican, rather than pro-peace, and I’d be lying if I said I was entirely comfortable with that.

No, the point I’m making is about the media, and its bias against Labour. Whatever he may have said in the past, whatever may be written on his heart, yesterday morning Jeremy Corbyn condemned IRA bombings. This was the correct thing to do. His words were nonetheless reported as “Jeremy Corbyn refuses to condemn IRA”.

I mean, I don’t generally hold with blaming the mainstream media for politicians’ failures, but it’s a bit rum isn’t it?

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.

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