The "right" to discriminate? It doesn't exist

You have the right to be homophobic -- but not to put these beliefs into harmful action.

You have the right to be homophobic -- but not to put these beliefs into harmful action.

An Englishman's home is his castle, or so the phrase informs us. That small scrap of land that is ours to do with as we please. However, as Christian guesthouse owners Peter and Hazelmary Bull have found, once said castle is opened up to the public, the rules begin to change. Specifically, if you say you'll rent your rooms to strangers, it's illegal to turn away the ones that are gay.

Nelson Jones wrote this week that "the intimate circumstances of bed-sharing...complicate the situation". I would have to disagree. Banning gay guests from your premises becomes no more legal if the rule "only" applies to those who might end up having sex. Or in this particular case, those who wish to do so in a double room and without one of the couple making a walk of shame to spend the night back in their single bed.

Though some of the issues raised by this trial may be complex, the concept of discrimination is not. Just as it's against the law to run a business and only serve people with white skin, so it's against the law to run a business and only serve people who like to sleep with the opposite sex. That the banned customer could go elsewhere does not, as Nelson suggests, change this. There could be a hundred other guesthouses available to a gay couple but it would have no relevance to whether it was right or legal for one to turn them away.

Everyone (conducting themselves within the law) has the right to be served everywhere, and to say a policy like the Bull's "need not unduly inconvenience gay couples" is to severely reduce what's wrong with discrimination.

When civil partners Martyn Hall and Steven Preddy were denied a double room, the harm didn't simply come from the effort of re-arranging their plans, or even the (at best) embarrassment that such a need would cause. It came from being excluded because of a biologically determined difference, from being banned from doing something because of who they are. The law says this is wrong. That "the God worshipped by the Bulls does not" is, though unfortunate, irrelevant. Discrimination is discrimination, whether it stems from the playground or a Holy Book.

It would be easy to see such a verdict as an attack on freedom, an attempt by the state to take an unpopular belief and make it illegal. This would, though, be inaccurate. This is not a case that judged the right to be homophobic (or "old fashioned" if that is what we wish to call it). It is a case that judged the right to be homophobic and use that belief to hurt someone else.

How hurt is defined is fundamental -- whether we live by the notion that prejudice only hurts its victim if it involves blood and a physical blow. Nelson is right that philosophy can teach that "multiple preferences" are best, provided they don't cause ill-effects, but it can also tell us the point at which these ill-effects mean our actions must stop. Liberal theory -- the ideas we base our laws on -- sets clear restrictions on personal liberty: "The right to swing my fist ends where the other man's nose begins." The Bulls have the right to think homosexuality is wrong. If they so wish, they have the right to be repulsed by the thought of two men having sex and even to declare out loud the perils in this sin. They do not have the right to put these beliefs into harmful action, to use them in a way that leads to discrimination.

No one laid a finger on Martyn or Steven. By all accounts, Mr and Mrs Bull were very polite in telling them they were not allowed to share a room with the person who is their partner by law. This does nothing to change the fact this was discrimination. One can't help but wonder whether if their reason had been something other than sexuality, this would even be under contention. There would be unanimous disgust at a guesthouse that held a policy of "No Blacks with Whites Allowed" -- and that it involved "the intimate circumstances of bed-sharing" would evoke little sympathy if inter-race couples were told to take separate rooms.

Such beliefs, in these times, cannot be put into practice. If you open your castle to the public, it's the price you have to pay.

Frances Ryan is a freelance writer and political researcher at the University of Nottingham. She blogs at Different Principles and tweets @frances_ryan

 

Frances Ryan is a journalist and political researcher. She writes regularly for the Guardian, New Statesman, and others on disability, feminism, and most areas of equality you throw at her. She has a doctorate in inequality in education. Her website is here.

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Forget planning for no deal. The government isn't really planning for Brexit at all

The British government is simply not in a position to handle life after the EU.

No deal is better than a bad deal? That phrase has essentially vanished from Theresa May’s lips since the loss of her parliamentary majority in June, but it lives on in the minds of her boosters in the commentariat and the most committed parts of the Brexit press. In fact, they have a new meme: criticising the civil service and ministers who backed a Remain vote for “not preparing” for a no deal Brexit.

Leaving without a deal would mean, among other things, dropping out of the Open Skies agreement which allows British aeroplanes to fly to the United States and European Union. It would lead very quickly to food shortages and also mean that radioactive isotopes, used among other things for cancer treatment, wouldn’t be able to cross into the UK anymore. “Planning for no deal” actually means “making a deal”.  (Where the Brexit elite may have a point is that the consequences of no deal are sufficiently disruptive on both sides that the British government shouldn’t  worry too much about the two-year time frame set out in Article 50, as both sides have too big an incentive to always agree to extra time. I don’t think this is likely for political reasons but there is a good economic case for it.)

For the most part, you can’t really plan for no deal. There are however some things the government could prepare for. They could, for instance, start hiring additional staff for customs checks and investing in a bigger IT system to be able to handle the increased volume of work that would need to take place at the British border. It would need to begin issuing compulsory purchases to build new customs posts at ports, particularly along the 300-mile stretch of the Irish border – where Northern Ireland, outside the European Union, would immediately have a hard border with the Republic of Ireland, which would remain inside the bloc. But as Newsnight’s Christopher Cook details, the government is doing none of these things.

Now, in a way, you might say that this is a good decision on the government’s part. Frankly, these measures would only be about as useful as doing your seatbelt up before driving off the Grand Canyon. Buying up land and properties along the Irish border has the potential to cause political headaches that neither the British nor Irish governments need. However, as Cook notes, much of the government’s negotiating strategy seems to be based around convincing the EU27 that the United Kingdom might actually walk away without a deal, so not making even these inadequate plans makes a mockery of their own strategy. 

But the frothing about preparing for “no deal” ignores a far bigger problem: the government isn’t really preparing for any deal, and certainly not the one envisaged in May’s Lancaster House speech, where she set out the terms of Britain’s Brexit negotiations, or in her letter to the EU27 triggering Article 50. Just to reiterate: the government’s proposal is that the United Kingdom will leave both the single market and the customs union. Its regulations will no longer be set or enforced by the European Court of Justice or related bodies.

That means that, when Britain leaves the EU, it will need, at a minimum: to beef up the number of staff, the quality of its computer systems and the amount of physical space given over to customs checks and other assorted border work. It will need to hire its own food and standards inspectors to travel the globe checking the quality of products exported to the United Kingdom. It will need to increase the size of its own regulatory bodies.

The Foreign Office is doing some good and important work on preparing Britain’s re-entry into the World Trade Organisation as a nation with its own set of tariffs. But across the government, the level of preparation is simply not where it should be.

And all that’s assuming that May gets exactly what she wants. It’s not that the government isn’t preparing for no deal, or isn’t preparing for a bad deal. It can’t even be said to be preparing for what it believes is a great deal. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.