Opponents of gay marriage won't face discrimination, says Equality Commission

The advice, given to MPs today, also refutes suggestions that unwilling clergy might be forced by human rights law to marry same-sex couples.

The Equality and Human Rights Commission has dismissed claims that legalising same-sex marriage will lead to discrimination against people who continue to believe that marriage can only be between a man and a woman.  The advice, given to MPs today, also refutes suggestions that unwilling clergy might be forced by human rights law to marry same-sex couples. Any such attempt, it concludes, would be "extremely likely to fail."

Parliament is beginning its detailed consideration of the bill today.

Ever since the government announced its intention to change the law, opponents have argued that  people who take a more traditional view of marriage will face discrimination in the workplace, even potentially losing their jobs for expressing their beliefs.  

A letter organised last month on behalf of Catholic priests and bishops (more than a thousand signed it) compared the prospect to the situation their church faced after the Reformation, when Catholics were legally barred from holding many official positions. The move, the priests predicted, "will have many legal consequences, severely restricting the ability of Catholics to teach the truth about marriage in their schools, charitable institutions or places of worship. It is meaningless to argue that Catholics and others may still teach their beliefs about marriage in schools and other arenas if they are also expected to uphold the opposite view at the same time."

Similar fears have been expressed by other campaigners.  The Conservative MP Edward Leigh introduced a Ten Minute Rule bill at the end of January calling for explicit protection to be given to opponents of same-sex weddings in churches - by making the exclusively heterosexual view of marriage a "protected characteristic" under the 2010 Equality Act.  Without such protection, he warned, "Army and NHS chaplains who preach in favour of traditional marriage in their own churches on Sunday could find themselves in trouble," while "tens of thousands" of teachers could face disciplinary action.

Today's advice from the EHRC, written by a leading QC, suggests that these fears are misplaced. When it comes to religious ceremonies, it notes that "freedom to manifest religion or belief" is enshrined in the Human Rights Act, as well as in Article 9 of the European Convention.  The principle is not absolute, since a government can interfere with it in the wider public good, but in this case the government has said very clearly that it wishes to uphold the right of religious objection.  Churches and other religious bodies will be able to opt-in to performing same-sex marriages, but that will be entirely their choice.

The EHRC also sees "no reason why employees of all kinds will not remain free to express their views about same-sex marriage."  They, too, would enjoy the full protection of Article 9.  Furthermore, the Equality Act itself protects employees from direct and indirect discrimination, and also unfair dismissal, because of their religion or belief.  Employees should not be sanctioned for disagreeing with the new law, since it "would be unlawful for an employer to discipline or sack an employee for this. This is the case for all employees, whether in the public or private sector, including teachers and chaplains."  Nor would be anyone be required to promote same-sex marriage as part of their job.

The guidance concludes that there "is sufficient protection for individuals who hold the religious or philosophical belief that marriage should only be between a man and a woman."  The only exception the EHRC can see is that registrars might be required to officiate at same-sex weddings as part of their public duty: but as the recent case of Lillian Ladele showed, this is already true of civil partnership ceremonies.

Campaigners against the Bill will probably dismiss this advice as speculative.  Seemingly contradictory advice from the human rights lawyer Aidan O'Neill was publicised last month in the Telegraph. Nevertheless, such a clear statement from the EHRC is likely to carry weight, since it has a statutory duty to scrutinise legislation and to issue formal advice to employers. The advice on same-sex marriage comes on the day that the Commission also circulates new guidance on the wider question of the expression of religion and belief in the workplace, which it hopes will avoid conflict and costly court cases.  

It's also worth noting that Aidan Smith, who was demoted by Trafford Housing Trust after expressing an opinion about same-sex marriage on Facebook, won his case at the High Court last year

If there was a danger of over-zealous employers interpreting the new law as requiring staff to suppress their opposition to same-sex marriage, today's strong advice from the EHRC makes such a scenario much less likely.

An anti-gay marriage protest in France, on January 13. Photo: Getty
Belief, disbelief and beyond belief
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After the “Tatler Tory” bullying scandal, we must ask: what is the point of party youth wings?

A zealous desire for ideological purity, the influence of TV shows like House of Cards and a gossip mill ever-hungry for content means that the youth wings of political parties can be extremely toxic places.

If you wander around Westminster these days, it feels like you’re stepping into a particularly well-informed crèche. Everyone looks about 13; no one has ever had a job outside the party they are working for. Most of them are working for an absolute pittance, affordable only because Mummy and Daddy are happy to indulge junior’s political ambitions.

It’s this weird world of parliament being dominated by under 25s that means the Tory youth wing bullying scandal is more than just a tragic tale. If you haven’t followed it, it’s one of the most depressing stories I’ve ever read; a tale of thirty-something, emotionally-stunted nonentities throwing their weight around at kids – and a promising, bright young man has died as a result of it.

One of the most depressing things was that the stakes were so incredibly low. People inside RoadTrip 2015 (the campaigning organisation at the centre of the scandal) cultivated the idea that they were powerbrokers, that jumping on a RoadTrip bus was a vital precondition to getting a job at central office and eventually a safe seat, yet the truth was nothing of the sort.

While it’s an extreme example, I’m sure it happens in every political party all around the world – I’ve certainly seen similar spectacles in both the campus wings of the Democrats and Republicans in the US, and if Twitter is anything to go by, young Labour supporters are currently locked in a brutal battle over who is loyal to the party, and who is a crypto-Blairite who can “fuck off and join the Tories”. 

If you spend much time around these young politicians, you’ll often hear truly outrageous views, expressed with all the absolute certainty of someone who knows nothing and wants to show off how ideologically pure they are. This vein of idiocy is exactly where nightmarish incidents like the notorious “Hang Mandela” T-shirts of the 1980s come from.

When these views have the backing of an official party organisation, it becomes easy for them to become an embarrassment. Even though the shameful Mandela episode was 30 years ago and perpetrated by a tiny splinter group, it’s still waved as a bloody shirt at Tory candidates even now.

There’s also a level of weirdness and unreality around people who get obsessed with politics at about 16, where they start to view everything through an ideological lens. I remember going to a young LGBT Republican film screening of Billy Elliot, which began with an introduction about how the film was a tribute to Reagan and Thatcher’s economics, because without the mines closing, young gay men would never found themselves through dance. Well, I suppose it’s one interpretation, but it’s not what I took away from the film.

The inexperience of youth also leads to people in politics making decisions based on things they’ve watched on TV, rather than any life experience. Ask any young politician their favourite TV show, and I guarantee they’ll come back with House of Cards or The Thick of It. Like young traders who are obsessed with Wolf of Wall Street, they don’t see that all the characters in these shows are horrific grotesques, and the tactics of these shows get deployed in real life – especially when you stir in a healthy dose of immature high school social climbing.

In this democratised world of everyone having the ear of the political gossip sites that can make or break reputations, some get their taste for mudslinging early. I was shocked when a young Tory staffer told me “it’s always so upsetting when you find out it’s one of your friends who has briefed against you”. 

Anecdotes aside, the fact that the youth wings of our political parties are overrun with oddballs genuinely worries me. The RoadTrip scandal shows us where this brutal, bitchy cannibalistic atmosphere ends up.

Willard Foxton is a card-carrying Tory, and in his spare time a freelance television producer, who makes current affairs films for the BBC and Channel 4. Find him on Twitter as @WillardFoxton.