In Islington registrar loses appeal we reported on the Court of Appeal decision last December.
Now, Lillian Ladele has been refused permission to appeal to the Supreme Court.
See Martin Beckford Telegraph Christian registrar denied leave to appeal gay wedding refusal.
Other reports from the Press Association, and from the BBC.
Lillian Ladele’s civil rights have not been violated. She is still free to turn down her nose at gay and lesbian couples and reject them. She is still free to condemn them. However, she is not free to use her governmental position to impose her views and violate the conditions of her job. She was hired to perform a task. That task’s scope got expanded. She could have decided that her religious values were more important than this particular job and sought gainful employment elsewhere. Instead, she tried to alter her employer. And Her Majesty’s Government said “No!” Good show!… Read more »
It is well worth reading all of the judgments in this case if you have the time to do so. The ET ruling in Lilian Ladele’s favour was based on some rather odd readings of the law and was clearly faulty. Subsequently there was a masterful EAT ruling which set aside the original ET. Following this was an equally masterful reprise of the EAT ruling by the Court of Appeal which confirmed its reasoning. If the legal reasoning of the EAT and Court of Appeal is correct then there’s little point of the Supreme Court hearing the case a 4th… Read more »
I am sorry the new Supreme Court has decided not to review the arguments here. The original tribunal decision in favour of Ms Ladele was a surprise – the appeal decision overturning this was masterly, careful and clear. The Court of Appeal gave firm backing to this and I regret not having the even firmer support for this judgment from their Lordships. I am also sorry the Christian Institute has not spent a great deal of money paying for this hearing. I am surprised that anyone could think that they might win an appeal – even allowing for the hopes… Read more »
Yes peterpi good point ! And The film The Bird Cage (with Robin Williams and Nathan Lane), is as relevant as ever. And very funny, as well as a modern story of gospel enactment.
Spirit blowing where It listeth.
Also for that matter , the film, ‘batteries not included’ shows the difference prayer makes
“Mike Judge, a spokesman for the Christian Institute, which helped fund Miss Ladele’s case, added: “Christians will feel let down by this decision. It will only serve to reinforce the impression that Christians are being pushed to the sidelines of public life. “Our nation’s highest court has effectively told them their concerns are not of general public importance.” – Christian Institute – Obviously the ‘Christian Institute’ is not necessarily the equivalent of the Body of Christ, which includes all the Baptized – Women and Men, Old and Young, Straight and Gay. Rich and Poor. How presumptuous a title they have… Read more »
The difficulty with the EAT decision by the Master of Rolls, which does not seem to have been a problem in the Court of Appeals, is the waffling about whether Islington was *allowed* to accommodate Ladele’s wish not to preside at ceremonial CPs. I’m not sure I would want an unwilling civil servant to preside over such an important occasion (even if I didn’t know s/he was unwilling). And I’d like to have more room for conscience in cases like this. Could someone email me if you have thoughts, please (esp lawyers)?
In Swedish law, as I understand it, refusing to do ones job will break the employment contract. Simple as that.
Scot
would you be asking the same question if a Registrar was a member of the BNP and would prefer not to marry black people?
I found Martin Reynolds Comment of Wednesday, 10 March 2010 at 12:26am very clear and and helpful. It clarified certain factual matters for me; and the analysis of the issues was very even-handed and helpful.
Masterly really. (Wish I could think and write like that).
The question of Ms Ladele’s private conscience is indeed a problem, but it is one that she cannot impose on the public as a servant of the public. What if her faith said that she should oppose mixed-race marriages (see Ezra) and she decided to refuse to act as registrar in such cases? What if she were in the Armed Forces as a gunnery sergeant and became a strict pacfist, refusing to have anything further to do with artillery but also complaining about violation of her rights when told she can’t stay in her current job? If there is harm… Read more »
Fr Ron. I agree that the word ‘Christian’ has been hijacked by a bunch of intolerant, fundamentalist bigots. cf ‘Christian Voice’ ‘Christian Lawyers’ Christian Family Campaign’ even ‘Christian Librarians’ etc. For this reason I am always very wary of people who describe themselves as such. The word has unfortunately been so debased in my eyes that I find it really impossible to describe myself as a Christian, to such and extent that when people ask me if I am a Christian I reply now that I go to church. Perhaps that is a cop out but I have nothing in… Read more »
Though not a lawyer the following might help with Scot’s question. The Court of Appeal judgment can be seen here: http://www.bailii.org/ew/cases/EWCA/Civ/2009/1357.html Paras 62-75 at the end of the judgment deal with this at the behest of Lberty in their intervention. Para 71: ” Once it is decided that there is nothing in the 2003 Regulations which entitles Ms Ladele, having been designated a civil partnership registrar, to insist on her right not to have civil partnership duties assigned to her because of her religious beliefs in relation to marriage, it means that there is no inconsistency, so far as other… Read more »
A further thought, perhaps a bit less frivolous: would a Roman Catholic marriage registrar have the right to refuse to register a marriage involving a divorced person? Would a registrar who belongs to the Prayer Book Society have the right to refuse to register a marriage that is within the Prohibited Degrees as published in the rubrics, but which is nevertheless now legal? The issue is that the primary rights at stake here are those of the couple, who are coming to a state functionary in order to exercise their right to a civil marriage or civil partnership. The functionary… Read more »
Erika Baker on Wednesday, 10 March 2010 at 11:07am GMT, and Nom de Plume on Wednesday, 10 March 2010 at 5:44pm GMT, I say “Thank you!” I am tired of how rules apply to everyone — except GLBT people. And Richard Ashby, don’t get me started on those who hijack “Chrstian”. Not to mention the smugness of the more-sanctimonious-than-thou crowd. I still remember when former USA president George W Bush was asked by a reporter what he thought of individual states adopting same-sex civil marriage laws. Bush’s first words in response? “Well, we have all fallen short in the eyes… Read more »
peterpi:
As someone said in the midst of the debate on same-sex marriage here in Canada: “if you don’t believe in same-sex marriage, don’t marry someone of the same sex.”
We had a few marriage commissioners try to obtain exemptions here, too. My recollection is that they didn’t get as far as Ms Ladele. Churches are allowed to set their own rules, which may be more restrictive than the civil law. But the civil authorities are not in the same position.
The Saskatchewan government is looking at legislation to give marriage commissioners the right to refuse to perform same sex marriages if it violates their religious conviction. When the definition of marriage changed in Saskatchewan (by action of the courts), I would have been prepared to support a “grandfathered” conscience clause for existing marriage commissioners – though even existing marriage commissioners would not have been entitled by right. Extending it to those appointed after the fact is simply daft. The suggestion that a public servant should get to pick and choose when to comply with the law is abhorent to any… Read more »
Her position is entirely inconsistent as she was prepared to marry straight couples who had previously lived together. I have no sympathy for her at all. Good to see the ‘Christian’ Institute waste yet more of their money!