Equality between the sheets

The "right" to discriminate cuts both ways.

Should a Christian hotel-owner be allowed to refuse a gay couple a double-bed, or is such discrimination no more than bigotry which the law should not allow them to indulge?

The case of Christian hotel-owners Peter and Hazelmary Bull is currently before the Court of Appeal. Earlier this year, the Evangelical couple were ordered to pay compensation to a couple in a civil partnership who had been turned away from their establishment in Cornwall. The conflict is easier to describe than to solve: the law regards civil partnership as equal, in almost all respects, to marriage. But the God worshipped by the Bulls does not.

There would be less debate if the Bulls had refused to employ a receptionist because they discovered that she was in a lesbian relationship, or indeed if they had refused to allow a lone gay man to occupy a single room. But the intimate circumstances of bed-sharing do seem to complicate the situation. The Bulls claim that only married couples are allowed to sleep together in their beds, and that any other arrangement would be an indulgence of sin. Put bluntly, the matter at issue isn't sexual orientation, it's sex - or rather the possibility of sex.

There's some dispute about whether, in fact, the Bulls have been quite so strict about unmarried heterosexual couples as they claim. A prominent member of the National Secular Society who stayed at the hotel in 2006 with his female partner reports having had no trouble getting a room (though they were a bit disconcerted to discover "religious tracts all over the place" once they had booked in). Be that as it may, if the bed being offered is a double one, then the owners are in effect facilitating sexual conduct that may go against their deeply-held convictions.

It's no coincidence that religion has emerged in recent years as a major battleground of social and legal rights. There have been rows about Islamic dress, crosses in the workplace, nurses praying for their patients, sex education in schools. In human rights law spiritual belief occupies an ambiguous status. It is both a category of protection -- for religion is increasingly seen as a source of personal identity -- and a cause of discrimination. It's not always easy to distinguish between the two. Behaviour which a believer may regard as intrinsic to his or her religious identity may involve inconveniencing or discriminating against other people, who also have rights. The law, and society, must choose whose right to upheld. Someone must lose.

Can philosophy help? The British Humanist Association has recently put out a pamphlet, Right to Object?, which takes a broader view of some of the issues at stake.

In his introduction, Alan Howarth locates the point at issue in the conflict between two principles: that of obeying the law (necessary for a functioning society) and that of following one's own conscience, without which one can scarcely be said to enjoy moral autonomy. Balancing the two involves defining a sphere of exemption from what would otherwise be legal requirements. Such a definition, Howarth writes, "must appear especially desirable in a society which prides itself upon its liberalism, tolerance, and its respect for the moral autonomy of individuals." This is true enough, but it does suggest that a certain self-congratulation may be at work here, and also perhaps an element of wishful thinking.

As the philosopher Peter Cave points out in his essay, the weighing and balancing that judges engage in when deciding difficult cases "are smokescreens for 'muddling through'". His own view, which I tend to endorse, is that the law should err on the side of liberality, allowing "a thousand preferences to bloom" provided that there are not significant social ill-effects. He would allow the right of a small hotel run by Evangelical Christians to refuse to offer a gay couple a double-bed, but also allow companies to enforce dress-codes that make no allowances for religious dress. What this seems to mean in practice, though - and what may be going on at a deeper level - is the privileging of the interest of both employers and service-providers at the expense of both employees and customers. Is this really sustainable?

In the case of Mr and Mrs Bull, their preference for a hotel run on the basis of traditional Christian morality need not unduly inconvenience gay couples provided that most hotels don't impose such restrictions. Indeed, hotels like the Bulls' might be said to increase consumer choice for Christian holidaymakers who share their unease at being in the proximity of gay sex.

And consider the converse case. There are hotels and guesthouses that specialise in serving members of the gay community, and may wish to turn away heterosexual couples. In February 2011, shortly after the Bull case came to court, the Equality and Human Rights Commission (in a typical piece of empire-building) announced that they would look into whether gay-only hotels discriminated against straight guests, even though it hadn't actually received any complaints.

In response, the owner of a gay hotel in Bournemouth complained that that Equality Act was a "double-edged sword" that was "killing gay culture." And indeed, one hotel in Blackpool that used to boast openly that it was "exclusively gay" now states on its website that it "welcomes all guests, new and old", presumably in response to the EHRC move. This is surely a perverse outcome of laws designed to protect minorities from discrimination. In the name of diversity, a bland conformism prevails, reducing choice and opportunity for customers as well as owners.

I strongly support the right of bar and hotel-owners to run single-sex gay-only establishments, so long as they are clearly signposted as such. They provide an important service to their community which would be compromised if they were forced to open their doors to heterosexuals. The quid pro quo must be the right of a few Christian hotel-owners to run their enterprises upon openly religious lines.

Belief, disbelief and beyond belief
Steve Garry
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The footie is back. Three weeks in and what have we learned so far?

Barcleys, boots and big names... the Prem is back.

Another season, another reason for making whoopee cushions and giving them to Spurs fans to cheer them up during the long winter afternoons ahead. What have we learned so far?

Big names are vital. Just ask the manager of the Man United shop. The arrival of Schneiderlin and Schweinsteiger has done wonders for the sale of repro tops and they’ve run out of letters. Benedict Cumberbatch, please join Carlisle United. They’re desperate for some extra income.

Beards are still in. The whole Prem is bristling with them, the skinniest, weediest player convinced he’s Andrea Pirlo. Even my young friend and neighbour Ed Miliband has grown a beard, according to his holiday snaps. Sign him.

Boots Not always had my best specs on, but here and abroad I detect a new form of bootee creeping in – slightly higher on the ankle, not heavy-plated as in the old days but very light, probably made from the bums of newborn babies.

Barclays Still driving me mad. Now it’s screaming from the perimeter boards that it’s “Championing the true Spirit of the Game”. What the hell does that mean? Thank God this is its last season as proud sponsor of the Prem.

Pitches Some groundsmen have clearly been on the weeds. How else can you explain the Stoke pitch suddenly having concentric circles, while Southampton and Portsmouth have acquired tartan stripes? Go easy on the mowers, chaps. Footballers find it hard enough to pass in straight lines.

Strips Have you seen the Everton third kit top? Like a cheap market-stall T-shirt, but the colour, my dears, the colour is gorgeous – it’s Thames green. Yes, the very same we painted our front door back in the Seventies. The whole street copied, then le toot middle classes everywhere.

Scott Spedding Which international team do you think he plays for? I switched on the telly to find it was rugby, heard his name and thought, goodo, must be Scotland, come on, Scotland. Turned out to be the England-France game. Hmm, must be a member of that famous Cumbrian family, the Speddings from Mirehouse, where Tennyson imagined King Arthur’s Excalibur coming out the lake. Blow me, Scott Spedding turns out to be a Frenchman. Though he only acquired French citizenship last year, having been born and bred in South Africa. What’s in a name, eh?

Footballers are just so last season. Wayne Rooney and Harry Kane can’t score. The really good ones won’t come here – all we get is the crocks, the elderly, the bench-warmers, yet still we look to them to be our saviour. Oh my God, let’s hope we sign Falcao, he’s a genius, will make all the difference, so prayed all the Man United fans. Hold on: Chelsea fans. I’ve forgotten now where he went. They seek him here, they seek him there, is he alive or on the stairs, who feckin’ cares?

John Stones of Everton – brilliant season so far, now he is a genius, the solution to all of Chelsea’s problems, the heir to John Terry, captain of England for decades. Once he gets out of short trousers and learns to tie his own laces . . .

Managers are the real interest. So refreshing to have three young British managers in the Prem – Alex Neil at Norwich (34), Eddie Howe at Bournemouth (37) and that old hand at Swansea, Garry Monk, (36). Young Master Howe looks like a ball boy. Or a tea boy.

Mourinho is, of course, the main attraction. He has given us the best start to any of his seasons on this planet. Can you ever take your eyes off him? That handsome hooded look, that sarcastic sneer, the imperious hand in the air – and in his hair – all those languages, he’s so clearly brilliant, and yet, like many clever people, often lacking in common sense. How could he come down so heavily on Eva Carneiro, his Chelsea doctor? Just because you’re losing? Yes, José has been the best fun so far – plus Chelsea’s poor start. God, please don’t let him fall out with Abramovich. José, we need you.

Hunter Davies is a journalist, broadcaster and profilic author perhaps best known for writing about the Beatles. He is an ardent Tottenham fan and writes a regular column on football for the New Statesman.

This article first appeared in the 27 August 2015 issue of the New Statesman, Isis and the new barbarism