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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The Femicide Census honours the victims of gender violence

The survey shows that the majority of women who are killed by men suffer their fate at the hands of a current or former partner.

 

The phrase “isolated incident” often turns up in media reports when a man kills a woman. The police use it at press conferences. It’s a code: it means the story ends here, no one else is in danger, the rest of the world can sleep safe because this particular killer does not have his sights on anyone else.

Thanks to the Femicide Census – a collaboration between Women’s Aid and nia, two specialist services dealing with violence against women – we now know how many of those “isolated incidents” there are, in England and Wales at least. Between 1 January 2009 and 31 December 2015, it was nearly a thousand: 936 women (aged 14 and over) were killed by men in seven years.

As the census reveals, the killing of women follows a very different pattern to the killing of men, although there is one thing both groups of victims have in common: their killers are almost always men.

But female victims are more likely to know their killer than male victims. In fact, they usually know him very well: 598 (64%) of the women were killed by a current or former partner, 75 (8%) by their son, 45 (4.8%) by another male family member. Killing is often what the census describes as “the final act of control”: not an “isolated incident”, but the culmination of a long campaign of coercion and violence.

This means that trends in femicide – the killing of a woman by a man – don’t match the overall homicide trend, as a 2011 UN study found when it noted that the overall rate of homicide had fallen while killings of women remained stable. But official records have long failed to recognise this difference, and there were no statistics specifically on men’s fatal violence against women until 2012, when Karen Ingala Smith (CEO of nia) started cataloguing reports of women killed by men on her personal blog, a project she called Counting Dead Women.

That was the start of the Femicide Census, now a high-powered data project on a platform developed by Deloitte. The list has been expanded so that victim-killer relationship, method of killing, age, occupation, ethnicity, health status and nationality can all be explored.

Or rather, these factors can be explored when they’re known. What gets reported is selective, and that selection tells a great a deal about what is considered valuable in a woman, and what kind of woman is valued. As the census notes: “almost without exception, it was easier to find out whether or not the victim had been a mother than it was to find out where she worked”.

Killings of black, Asian, minority ethnicity and refugee women receive vastly less media coverage than white women – especially young, attractive white women whose deaths fulfil the stranger-danger narrative. (Not that this is a competition with any winners. When the press reports on its favoured victims, the tone is often objectifying and fetishistic.)

Women’s chances of being killed are highest among the 36-45 age group, then decline until 66+ when they jump up again. These are often framed by the perpetrators as “mercy killings”, although the sincerity of that mercy can be judged by one of the male killers quoted in the census: “‘I did not want her to become a decrepit old hag.”

Another important finding in the census is that 21 of the women killed between 2009 and 2015 were involved in pornography and/or prostitution, including two transwomen. The majority of these victims (13 women) were killed by clients, a grim indictment of the sex trade. The most chilling category of victim, though, is perhaps the group of five called “symbolic woman”, which means “cases where a man sought to kill a woman – any woman”. In the purest sense, these are women who were killed for being women, by men who chose them as the outlet for misogynist aggression.

The truth about men’s fatal violence against women has for too many years been obscured under the “isolated incident”. The Femicide Census begins to put that ignorance right: when a man kills a woman, he may act alone, but he acts as part of a culture that normalises men’s possession of women, the availability of women for sexual use, the right to use force against non-compliant or inconvenient women.

With knowledge, action becomes possible: the Femicide Census is a clarion call for specialist refuge services, for support to help women exit prostitution, for drastic reform of attitudes and understanding at every level of society. But the census is also an act of honour to the dead. Over two pages, the census prints the names of all the women to whom it is dedicated: all the women killed by men over the six years it covers. Not “isolated incidents” but women who mattered, women who are mourned, women brutally killed by men, and women in whose memory we must work to prevent future male violence, armed with everything the census tells us.

 

Sarah Ditum is a journalist who writes regularly for the Guardian, New Statesman and others. Her website is here.