Religion, Identity, Conscience & Ethics

Here’s a case I’d like to canvass some opinion on. The woman above is facing a dilemma. She went with her partner, who is white, to be married in a civil ceremony by a registrar employed by her local council.
The problem was that the registrar was a deeply religious man and, while he was happy to marry two black people, or two white people, believed that inter-racial marriage was forbidden by the Bible. (I’d like to avoid a theological discussion about whether this is or isn’t the case, since it isn’t the point.)
Naturally, Ms Smith complained about discrimination, but the registrar argued that since there were other registrars in the employ of the council who were willing to conduct the marriage ceremony, Ms Smith and her partner were not being denied services. By recusing himself, he could keep his conscience clean, and they would still be able to get married (but by someone else) so everyone would get what they wanted and no damage would be done.
However, it didn’t end there. The council, his employers, said he should choose between his religious convictions and his job. They argued that all members of the public should expect to receive equal treatment and equal service from council employees. Also, some of his colleagues became unpleasant, and mutterings of ‘racist’ and ‘bigot’ caused him some distress.
Consequently, he went to an employment tribunal.
Today the tribunal ruled in his favour saying that if a work-around accommodation could be found - by getting another registrar with no religious objections to the ‘mixing of the races’ - then the council had a duty to balance his religious feelings with the expectations of equal access to service from members of the public, like Ms Smith. It regretted the distress he’d been caused as a result of the workplace fallout over his refusal to serve mix-race couples.
The registrar is now set to win a compensation payout of many thousands of Pounds.
So, what are your thoughts? Should deeply held religious beliefs be grounds for refusing to deal with some members of the public?
And this is not the only case. There is a very similar case here.
Comments
| 10 July 2008, 3:33 pm |
Aaah, I posted above before following the link.
| 10 July 2008, 3:34 pm |
Registrars are there to marry people according to the law. If the marriages are legal, then they should be obliged to marry them. The only question my wife and I were asked by the registrar was whether we were brother and sister by blood, which was odd as we are obviously from different races. I am uncertain about whether the Registrar is obliged to refuse to marry people in circumstances such as a forced marriage or a marriage between a couple for the sake of immigration visas. But it is completely unacceptable that a Registrar should refused to carry out a legal marriage of a mixed race couple. The Tribunal is insane and sets a dangerous precedent. Will Hindu Registrars be allowed to refuse to marry Hindus of different gotras on religious grounds? Will Muslim Registrars be permitted to refuse to allow a Muslim to marry a non-Muslim?
| 10 July 2008, 3:35 pm |
That was a disgusting decision. But symptomatic of the way the mentally ill (i.e. religious) are getting more and more special privileges for their disgusting bigotry in today’s Britain.
The registrar should have been flung on on his arse and told where to go, in emphatic anglo-saxon terms.
| 10 July 2008, 3:35 pm |
I appreciate that you and your wife are of different ethnicities: but surely you are both humans?
I mean, if you were of different races, how did you manage to breed?
| 10 July 2008, 3:35 pm |
Pretty straightforward: this is a government official, being asked to do his job. If he isn’t willing to do that for religious reasons — which he as every right to have, after all — it’s time to find another job.
| 10 July 2008, 3:36 pm |
If his (ridiculous in my view) beliefs can be accomodated reasonable (ie. finding another registrar doesn’t cost the council a lot of money, or any other important consideration) I think it’s probably a good thing that his beliefs can be respected. I imagine there probably is a cost consideration though.
It’d probably be a good thing if in the future (if they don’t already) councils asked potential registrars whether there are any sorts of legally permissable couples that they would not be willing to marry. If they say they won’t marry inter-ethic couples, that’d be a sensible reason not to hire them. That’d be discrimination against them on the sensible grounds that he cannot do the job properly, not discrimination qua religion.
| 10 July 2008, 3:38 pm |
“It is still shocking that you get money when you are not capable of performing your job.”
But that is not at all uncommon with anti-discrimination legislation. In many cases, the onus is on the employer to make reasonable adjustment to the needs, and wishes, of the employee. Having read, in the legal press, that a waiter who has a religious objection to serving alchohol could successfully sue an employer who did not try to accomodate him, then I’m not at all surprised by this outcome.
| 10 July 2008, 3:38 pm |
One gets the impression from the judgement that if the religious registrar had been the _only_ registrar, then her treatment by the employer would have been fair, but since there were alternative registrars it was not. This is a peculiar implication.
In addition, the judgement seems to imply that there should be no consequences for a religious belief, even if that belief renders you unsuitable for the job. In this, religious believers are being granted more rights than, say, disabled people, where the employer is able to turn you down for a job if accommodation to your disability is unreasonable.
It’s also disturbing that this gives religious believers more employment rights than athiests.
| 10 July 2008, 3:45 pm |
So, what are your thoughts? Should deeply held religious beliefs be grounds for refusing to deal with some members of the public?
What a conundrum.
In the end I’d have to answer “no”.
If you’ve chosen to become a registrar, then you have to accept the fact that some of you duties may run counter to deeply held religious beliefs. The job of Registrar is part of the secular, public domain and anyone who becomes one must surely be aware of that fact.
Every job, no matter the field, will always have aspects that people don’t like.
On the other hand, churches, such as The Catholic Church, should have the right to refuse to marry certain individuals if the lifestyles of those individuals are considered unsuitable from the standpoint of Catholic theology.
| 10 July 2008, 3:46 pm |
Whilst I think this woman should have been compelled to obey the law and perform her duties, I don’t think the analogy with race entirely stands up.
| 10 July 2008, 3:47 pm |
What makes a religious belief worthy of protection?
To take Brett’s example: common or garden athiest racists surely get no protection. But what if we were talking about (say) a Dutch Reformed Church member, who believed in their apartheid era theology?
Did the Tribunal effectively affirm bigotry against homosexuals as a core Christian belief, deserving of protection?
| 10 July 2008, 3:48 pm |
Sounds outrageous, I’d have thought if nothing else he’d have been in breech of his employment contract. Local authority websites are full of nondiscrimination mission statements. Bet they’re thinking about rewording their contract
now.
| 10 July 2008, 3:49 pm |
The decision is wrong in principle and wrong in law.
Employment tribunals are of the lowest tier of courts and tribunals and often make such idiotic rulings.
Of course this clash is inevitable given a climate of increasing misinformed accomodation of ‘personal conscience’ opt outs in performing government services by employees of the taxpayer.
The disastrous results of the British Governments attempts to circumvent the clear intention of the European directives on non discrimination 9especially on religion) are now shown clearly.
Arguably the British Goivernment has fallen foul of EU law by failing to implement a directive correctly.
If these Employment tribunal rulings are not corrected by th higher courts (if instead they are confirmed) or by specific government legislation then there lies a cause of action against the Government at the European Court of Justice in Luxembourg.
| 10 July 2008, 3:49 pm |
Isn’t Jedi a recognised UK religion now?
Now that could throw up some conundrums!
| 10 July 2008, 3:52 pm |
What kind of religious belief prevents mixed-race couples from marrying? Wouldn’t he have to proove that his religion is against black-white unions? I know that Christians can be racist, but Christianity itself has nothing to say on the matter. I disagree with you Brett, a discussion is necessary since this guy is using religion to support his prejudices. I just think the man is a racist nutjob and religious convictions are just a ruse to enable him, a public servant, to impose his prejudices. I guess that if the BNP wants to ensure the purity of the white race, it only needs to get its members to be recruited as marriage registrars.
| 10 July 2008, 3:53 pm |
“The decision is wrong in principle and wrong in law.”
It may be wrong in principle (my view is that when you’re employed in this sort of job, you have to accept that sometimes you’ll be obliged to implement laws you disagree with) but it’s almost certainly right in law.
| 10 July 2008, 3:54 pm |
Dan, what if the person in question was using religion to support their prejudice against gays?
| 10 July 2008, 3:55 pm |
“Isn’t Jedi a recognised UK religion now?
Now that could throw up some conundrums!”
I don’t recall any women in the service of Darth Vader, so no heterosexuals on the dark side of the force.
| 10 July 2008, 3:57 pm |
“what if the person in question was using religion to support their prejudice against gays?”
As I said, if you are going to argue that your prejudices are supported by your religion, then you have to say why. There is nothing in the Bible to support this bigot’s claims.
| 10 July 2008, 3:58 pm |
Sean Fear
Look at the EU directives it is not correct in law.
Refusing mixed race couples a hotel room because of ones religious views on mixed race couples sleeping together is not lawfull (no matter how large the hotel and how many other employees could theoretically check the couple in as an alternative)
| 10 July 2008, 4:02 pm |
I make absolutely no defence of this man’s beliefs (though I would defend to the death his right to have them, as with anyone’s beliefs).
The only point I would note is that at least his discriminatory tendencies do not appear to have a gender bias. One assumes that he would have declined regardless of the sex of each member of the mixed race couple. His beliefs are also not in accord with ANY mainstream Christian church denomination.
Contrast the institutionalised Muslim approach where there is no (theoretical) objection to the joining of two Muslims of different races, but only a Muslim man may marry a Christian or a Jew- Muslim women are not granted the same freedom.
Also, as odious as this registrar’s beliefs may be, if you do away with perfectly functional work-arounds you are basically enforcing a quasi-religious state-sponsored set of alternative beliefs, which is a very scary prospect in itself, no matter how pleasant some of those beliefs may be…
[Pastafar-I!!! Conquering lion of noodles!]
| 10 July 2008, 4:06 pm |
I’m a person with a strong religious view and I think this decision, both the original one where the registrar refused to marry a couple just because one is black and other is white and the subsequent tribunal decision, is absolutely appalling.
It goes against all ideas of natural justice and sadly opens up more cans of worms than you could care to mention.
If this person has such strong religious views that he feels that he is allowed to (imho) misread scripture in such a bigoted way then he really should have been told to bugger off and find another job.
I’m amazed that the tribunal found in his favour on this one. A frivolous and unjust judgement which is going to have many negative implications. What next? An Orthodox Jewish registrar refusing to officiate at a wedding between a Jewish and a non Jewish person, a religious bigot refusing to officate at a civil partnership or a wedding between a secular muslim and a christian etc etc. This judgement is going to cause many many problems.
| 10 July 2008, 4:06 pm |
This is remarkable, guess a register that simply refused to marry a gay couple on the reason that the person despised gays as unnatural, mentally sick and a violation of human nature wouldn’t have an earthly chance to win in the tribunal. But when you claim that an unproven supernatural being have given the directive that gay is against the rulings of the imagined God it have to be granted special respect. That is of course if the society of imagined God believers is big and powerful enough.
| 10 July 2008, 4:10 pm |
It’s completely wrong; what if every registrar in the country held the same beliefs? What if a doctor refused to operate on someone due to their religous beliefs? By the same principle they could pack them off to the next hospital.
| 10 July 2008, 4:16 pm |
“Look at the EU directives it is not correct in law.”
Well if you take Brett’s initial piece literally, you are correct.
But in terms of the actual story, then it is probably (given what I’ve read in the legal press) that the tribunal’s decision was correct.
| 10 July 2008, 4:20 pm |
Hi, I experienced something very similar. I’m a member of Hamas living in London and quite naturally I fell head over heels for a lovely young female donkey owned by my Imam. When I took the donkey to my local registry office, they refused, saying it was unnatural and against the law! I showed him photos of my first and second wives and, while the officials agreed with me that the donkey was more attractive, they still refused to marry us!
No fear, however, Dean and Dean are on my case and will be appealing to the European Court of Justice!
| 10 July 2008, 4:20 pm |
MixTogether: The only question a registrar has to ask themselves is: “Is there any lawful impediment to the marriage?” If not, they should be obliged to marry a couple or they should quit their job. No-one is saying someone should be forced to relinquish their prejudices. But public service delivery should not be impeded due to the prejudices of individual public servants. If this is allowed to stand, you’ll find housing department officials in local councils refusing to house non-white people because of their prejudices.
| 10 July 2008, 4:22 pm |
A surgeon belonging to the Jehovahs Witnesses could refuse to give a blood transfusion. An employee at an off-licence could convert to Islam and refuse to serve alcohol. What other stupid situations could be upheld by a tribunal?
| 10 July 2008, 4:28 pm |
Surely this is a spoof article? There’s no way anyone would be allowed to remain in office, let alone be compensated for constructive dismissal etc., who held such views, especially if religiously based.
| 10 July 2008, 4:28 pm |
What religion forbids marriage between black and white races? I’ve never heard of any such religion.
| 10 July 2008, 4:30 pm |
Sue R: Louis Farrakhan’s Nation of Islam?
| 10 July 2008, 4:33 pm |
What religion forbids marriage between black and white races?
None that I know of, but the point Brett’s making is that if for argument’s sake there was one that did, would a tribunal find in favour of someone who refused to marry two people from different races on religious grounds? And if not then why would such a case be any different from the actual case in which a tribunal found in favour of a registrar who refused to preside over a civil ceremony for a same-sex couple.
| 10 July 2008, 4:33 pm |
They argued that all members of the public should expect to receive equal treatment and equal service from council employees.
That says it all. He’s on the Council’s payroll. Consequently he should leave his private moralising at home.
If he was running a private business, that would be one thing. But failing to provide the services you’re getting paid for on the basis of private morality is ample justification for being fired from public service, in my opinion.
Can’t believe he won his case, the prick.
| 10 July 2008, 4:39 pm |
I wonder if the registrar would have won his case if he had based his objections on political (or biological) rather than religious grounds.
Personally, I think if you are a public employee you have to be prepared to leave your views - religious, political, whatever - at home when you go to work.
| 10 July 2008, 4:40 pm |
I’m confused. Isn’t the picture in the post actually of the Islington registrar who refused to perform gay marriages? It’s certainly the picture in the linked to article (which isn’t about the mixed ethicity marriage)
| 10 July 2008, 4:42 pm |
Wardytron - Since the only religions that object to marriage between different religions are on the extreme fringe, it’s most unlikely to be an issue. A more likely case would be if some registrar objected to an inter-religious marriage, and given the outcome of this case, he/she could probably insist on having his beliefs accomodated.
| 10 July 2008, 4:43 pm |
Whoops, “between different races.”
| 10 July 2008, 4:46 pm |
What religion forbids marriage between black and white races? I’ve never heard of any such religion.
The law does not just protect mainline religions or denominations, so your claim for accommodation doesn’t have to be based on a mainline or prevalent interpretation of Christianity. If you hold the sincere belief that race mixing is required by your interpretation of Christianity, the state may not reject accommodation on the basis that your religion is not theologically consistent with Christianity, though a very idiosyncratic belief might depending on circumstances cast doubt on your sincerity.
And also as a matter of principle, it’s unsound to have a law saying that a sincerely held irrational belief in gender apartheid is more worthy of accommodation than an equally sincerely held irrational belief in race segregation.
Either people’s beliefs matter and should be accommodated or they don’t and shouldn’t. But the boundaries between accommodation and nonaccommodation should be drawn based on a balancing of the countervailing interests and not based on society’s own prejudices as to which sincerely held beliefs are religious or crackpot. All religious beliefs are irrational, so the distinction between race and gender with regard to religious accommodation can’t be that the former is more rational than the latter.
| 10 July 2008, 4:49 pm |
“Either people’s beliefs matter and should be accommodated or they don’t and shouldn’t.”
But, as we live in a democracy, and both the religious and atheists vote, we’re never going to see anything other than quite messy (and illogical) compromises.
| 10 July 2008, 4:50 pm |
Brett I don’t think you needed to exaggerate the facts, the real case is problematic enough. Before joining the “obviously the decision is outrageous” brigade, (although that view is largely correct), I think in the interests of measured and balanced debate 2 small points could be made for the Registrar in this case.
First, I think it can be argued that a change in an employer’s practices which affects existing employees involves different issues to changes that merely make a job acceptable or otherwise to new applicants.
So for example if a devout Moslem was working in a supermarket in an area with a high Moslem population such that the supermarket had always, as a matter of policy, refused to stock pork products, then I would actually have some sympathy for the employee if the employer unilaterally changed this policy and said the employee would be sacked forthwith if they refused to handle pork. I have no sympathy for a new applicant who refused to do so. The same principle can be applied to the Registrar.
Second, in practice wouldn’t anyone sane want their civil partnership ceremony to be overseen by someone who was positive about it and joined in the spirit of the occasion? The one I went to in Tower Hamlets last year was enhanced by the cheerful Registrar. Some miserable git crossing themselves to apologise for the sin they were about to be engaged in would have thrown a pall over the proceedings. So if Registrars can sort this out behind the scenes so everyone gets a good service when they want it, is that so very wrong as a system? Is it any worse than train drivers swapping day and night shifts to suit themselves, for example?
| 10 July 2008, 4:50 pm |
Yes, it does seem Brett’s got the wrong end of the stick. I heard briefly this morning that a registrar had won a tribunal over refusing to marry a couple for religious reasons and assumed that this is what Brett was writing about. Perhaps Brett is trying to make some kind of parallel between racist and homophobic discrimination, in which case he didn’t make it obvious. The woman in the photograph is actually the registrar who refused to perform a same-sex marriage for religious reasons. But the argument stands: if the marriage is legal, it is not the registrar’s right to refuse to marry a couple, gay or straight, black or white. If you hold certain prejudices over who has a right to marry that go beyond the law and you wish to enforce your beliefs in your job, then you should become a vicar not a registrar - unless, of course, you are female and against the ordination of women, in which case you can go screw yourself.
| 10 July 2008, 4:51 pm |
I think that peoples religious beliefs should be accomodated as long as they do not breach broadly acceptable norms for the secular society as a whole. The problem with this judgement is it opens the way for an anti discrimnation case to be brought by a member of the KKK for instance.
| 10 July 2008, 4:51 pm |
I wonder if the registrar would have won his case if he had based his objections on political (or biological) rather than religious grounds.
There was a case where some firemen refused to hand out leaflets at a gay pride festival, and were given written warnings and one was demoted. They were judged to have been guilty of a “fundamental breach of their core responsibilities”, which is balls if you ask me because handing out leaflets is hardly the core responsibility of a fireman, compared to, say, presiding over civil ceremonies if you’re a registrar.
Anyway as far as I know they didn’t try to justify their refusal to attend the festival on religious grounds. For all I know it could have been because their job is to fight fires and not hand out leaflets at pride festivals.
| 10 July 2008, 4:55 pm |
Since the only religions that object to marriage between different religions are on the extreme fringe, it’s most unlikely to be an issue.
Not so, the law sets a proactive precedent, which can’t exclude the rare case. You would be surprised that many landmark free speech and fre exercise cases grew out of minority religions attempt to use the legal system to their advantage. There is also the likelihood that the more the law accommodates certain behavior, the more likely is the same pattern to occour in the future.
The problem with religious accommodation law apart from its implications for gender and sexual orientation equity is the implicit assumption that the sincere believer is entitled to freeriding at the expense of nonbelievers. The registrar might argue that accommodation is no big deal, since the couple could always find a replacement, but why should the cost of one’s beliefs be imposed on others?
| 10 July 2008, 4:59 pm |
Wardytron, handing out leaflets may not be a core responsibility of firefighters, but promoting fire safety is. One of the ways of doing that involves leaflets.
| 10 July 2008, 5:00 pm |
“Should deeply held religious beliefs be grounds for refusing to deal with some members of the public?”
No. And attempts to get around providing the service you are contracted to provide to the public should result in termination of your employment contract.
This reminds me of the cases of some rather untheologically sound muslims refusing to handle cigarettes or alcohol for customers in supermarkets. This has never happened to me, but if it did, I’d damn well ask to see the manager to express my displeasure, because it is profoundly offensive.
It also reminds me of some medical students refusing to learn about alcohol-related illness or STDs because of what they laughably call their “morals”.
You should either do your job, or get slung out. It’s that simple. Fuck your exceptionalism and the horse it rode in on.
Gosh, I seem to have become slightly Mail-esque there. Oh well.
| 10 July 2008, 5:01 pm |
If you put aside the issue of religion for a minute is there no room at all for conscience? For example if the immigration officers who deported Ama Sumani refused to do their jobs because their consciences hadn’t allowed them to do it and then had felt pressured to resign (or had been dismissed) should they win at any subsequent tribunal?
| 10 July 2008, 5:05 pm |
But, as we live in a democracy, and both the religious and atheists vote, we’re never going to see anything other than quite messy (and illogical) compromises.
Then better to have no accommodation at all, if a law imposing the costs of accommodating crazy beliefs on third parties can’t be drawn based on anything but gut feelings, which is the flip side of bigotry against beliefs considered beyond the pale, the law is only a protectionist racket for orthodox and already established religions. So what the law really should say is that you have a right to reasonable accommodation, as long as your belief is consistent with 51 % of the active voting population.
| 10 July 2008, 5:14 pm |
State recognised union - what a foul concept.
| 10 July 2008, 5:15 pm |
If this is a true story, then I am shocked by it, as my understanding of the law is that one strand of equalities legislation should not be allowed to trump another. The fact someone had a religious belief does not allow them to discriminate on any other grounds.
It is the job of a registrar to conduct weddings, and if they are unwilling to do so, they are in breach of contract. They would also be obliged to comply with their employer’s anti-discrimination policies.
I am aware, however, that registrars’ employment is unusual in that they were statutory officers and have only recently become employees under the Statistics and Registration Service Act, so could this be a factor in this bizarre decision?
The “Daily Mail” case seems somewhat different. The registrar in question was subjected to workplace bullying, which is not acceptable under any circumstances. She should have beed dealt with appropriately by management.
Ironically, I thought it was precisely to mollify bigoted individuals such as her that we do not have gay marriages in this country, merely “civil partnerships”. The case suggests that this compromise is not working and full gay marriage should be introduced.
It cannot be entirely irrelevant to the discussion that there is no Christian belief prohibiting inter-race marriages. If racism is to be accepted as a “religious belief” then we are in deep trouble.
| 10 July 2008, 5:15 pm |
Or fight a civil war, and let the winner determine the rules by which we live.
| 10 July 2008, 5:20 pm |
I suspect Brett wrote the reverse of the truth to make us (and perhaps her) think about how shocking discrimination against gays is. She is indeed the registrar who refused to conduct civil partnerships and, yes, her religious freedoms were upheld by a tribunal today. It shows me yet again why employment law should be rolled back to the absolute minimum and let the market (ie: employers’ need for labour of whatever colour, sex or sexuality) do the rest. She should have been sacked the first time she did it.
| 10 July 2008, 5:23 pm |
mettaculture; There was the case recently where the magistrate tried to claim constructive dismissal because he felt obliged to resign rather than approve homosexual adoptions. He lost, but of course different Employment Tribunals can give conflicting decisions, as they don’t create precedent. I don’t know whether he persisted with his appeal and if so what the EAT said.
http://news.bbc.co.uk/1/hi/england/south_yorkshire/7055708.stm
The man in question justified his position in the comments on Mrs Trelllis blog:
http://mrstrellis.cream.org/?p=295
| 10 July 2008, 5:26 pm |
ChrisC hit the nail on the head with this one, when this woman first started working as a Registar, she was never asked to officiate in gay marriages, so it was a change in conditions, because of that Islington Council had a duty of care to their staff to make sure that the new conditions were aceptable.
She asked to be excused from same sex marriages, but because her religion is not respected by Islington council I guess they decided that they could not accomodate it. However as it is not a religious wedding but a civil one I happen to think that she should still officiate, especially as I feel that religion and state should be separate, I have to say that Islington council are in the right on this. Though I think that they would have been more sensitive if she came from another religion, whats the betting on that.
It seems that the judgement was based on the fact that Islington council could have accomodated this and chose not to, therefore they discriminated against her religious belief because they did not make a reasonable attempt to accomodate them. In which case I think that the judgement was right, because they could have accomodated her.
We had a lovely one in France, a butcher was taken before an employment tribunal because he refused to employ a Muslim who refused to handle Pork, so he was found guilty of discrimination, but as the bucther was a non-Muslim serving mainly non-Muslims, it was rather difficult…
| 10 July 2008, 5:29 pm |
Tommy: I don’t think anyone should face discrimination on the basis of their religion, sex, ethnicity or sexuality. That’s why it was right to sack this woman, since she was clearly discriminating against people in the community that she is employed to serve. But it would be wrong to prevent Christians from becoming registrars on the grounds that most Christian churches are against same-sex marriages, provided they carry out their duties as the law sets out in relation to marriage/civil partnerships.
| 10 July 2008, 5:33 pm |
Metta,
If the judgment was wrong in law, then why is the government to blame? You appear to be hinting that the registrar felt emboldened by the incitement to religious hatred legislation. I very much doubt this. He acted from religious conscience. These people have always existed and always will.
The tribunal clearly screwed up. A church should be able to have whatever rules it pleases, but this is a public institution and the registrar has responsibilities to the public. He can harbour any private prejudices he likes, but his bigotry ought not to be rewarded with a salary from the state.
| 10 July 2008, 5:33 pm |
If the law was changed to allow cats to marry dogs, a registrar should be obliged to marry them or quit. Simple as that.
As for pork and alcohol, I don’t think Muslims are told they cannot touch it, just that they cannot consume it. Hence, Muslim waiters serving alcohol in restaurants, Muslims using alcohol as a solvent, or Muslim doctors prescribing insulin.
| 10 July 2008, 5:34 pm |
Okay, Brett’s slyness has me all confused. The regsitrar is a she, it seems.
| 10 July 2008, 5:39 pm |
Brett has been a trifle naughty, if clever.
The lady in the photograph is a Christian registrar who did not want to register a gay marriage.
| 10 July 2008, 5:40 pm |
What religion bars inter-racial marriages? Easy - until very recently that was the position of the Dutch Reformed Church in South Africa, which provided the theological justification for apartheid. And in 1949, in one of its first legislative moves, the apartheid regime passed the Mixed Marriages Act, which outlawed all marriages between black and white. That was followed by the Immorality Act, which banned all sexual relations across the colour bar. These laws caused the misery that is predictable when priests and politicians stick their noses into people’s bedrooms, and they were not repealed until 1985.
But this case, despite Brett’s misleading post, concerns gay unions. Since these are entirely legal, there is no doubt that the registrar was violating her elementary duty as a public servant, and should have been sacked on the spot. Compensation should have been paid to the gay couple, who must have suffered some amount of emotional distress.
This sort of decision is the thin end of a nasty wedge. Will we soon be hearing of homophobic dustmen claiming religious grounds for not empying the bins outside gay people’s homes? Or policemen alleging that their religion does not allow them to investigate crimes against gays?
| 10 July 2008, 5:40 pm |
Dan, I wouldn’t stop her being a registrar. She would just have to fulfill the terms of her contract if she accepted the job. I worked in a dole office and had a problem in principle with handing over large amounts of money to certain people I believed to be frauds. But I was contracted to do so, and did. Employment tribunal claims have become a racket and we all know it.
| 10 July 2008, 5:40 pm |
“If the law was changed to allow cats to marry dogs, a registrar should be obliged to marry them or quit. Simple as that.”
So presumably, Dan, during the dark days of clause 28 you were out on the streets demanding the sacking of teachers who refused to teach that homosexuality was not as acceptable as heterosexuality?
| 10 July 2008, 5:41 pm |
By the way, how much was the tribunal’s decision influenced by what they clearly believe was the abusive and offensive treatment she was subjected to at her place of work? It’s one thing to ask the registrar of 16 years to continue to carry out her public duties for which she is paid, but quite another to subject her to “bullying” and “intimidation”.
She wasn’t sacked or even suspended, so the compensation isn’t for loss of earnings. If it is for the treatment she received, then maybe it is a fair decision afterall.
Of course, if she continues to refuse to overssee same-sex marriages, the council should be entitled to fire her ass.
| 10 July 2008, 5:43 pm |
Shocking - the racist should have been sacked, or at least disciplined. If your religion clashes with your job, change jobs. Or change religions. This applies to all religions - Christianity, Islam, Buddhism, etc. The state should employ people who respect secular rules and values.
Equally, if you don’t want to serve alcohol, then don’t become a waiter in an establishment that serves it. Get a job somewhere else.
| 10 July 2008, 5:44 pm |
“So presumably, Dan, during the dark days of clause 28 you were out on the streets demanding the sacking of teachers who refused to teach that homosexuality was not as acceptable as heterosexuality?”
Did Clause 28 oblige teachers to teach that homosexuality was not as acceptable as heterosexuality?
| 10 July 2008, 5:47 pm |
If I recall, teachers were required to refrain from promoting homosexuality as an acceptable life style, which I think is pretty much the same thing. Certainly the teaching profession thought it constrained them somewhat.
| 10 July 2008, 5:54 pm |
Conscience must be allowed. However, some occupations involve interactions as part of their duties which might conflict with personal belief, not necessarily religious beliefs. The case cited by Brett at the beginning of this thread is somewhat strained in my view; but the issue is how far can one expect one’s views to over ride duties which are necessarily part of the job? If handling say, even packaged bacon is against one’s ‘faith’ or culture, was taking a job in a supermarket a wise choice?
It can be argued that in one case supermarkets have always sold bacon; only recently have same sex couples been able to enter into civil partnerships. Like women bishops in the Anglican Communion some find the rules have changed around them, not they themselves. Some accommodation based upon that circumstance would seem just however much other people, as I do myself, welcome women bishops and civil partnerships.
The case which sparked this thread is about such a situation, but it is simply the background to an over riding claim of “harassment” which formed the basis Ms Ladele’s case. The court has ruled on this claim rather than the religious question. It has upheld the claim of harassment. I support Ms Ladele’s case in this instance because when she became a Registrar Civil Partnerships were not lawful. However, I regret that she has chosen to invoke Christian teaching to support her claim.
The Anglican view is that marriage in church is between a man and woman. At present only a small number within the Communion wish to change this. The Civil Law is different and governs all, Christian or not. Why drag religion into this? It seems to revolve around the issue presenting the strongest case possible, the fundamental – that word again – ground for a personal belief. “I do not like so and so” is obviously much less effective in a court setting than “My religion forbids so and so”.
| 10 July 2008, 6:04 pm |
The real problem here is Islington council’s inability to accommodate employees with religious convictions. Until recently registrars were allowed to choose whether they wanted to conduct same-sex ceremonies but now the council forces them to do so. What happened to allowing choice? What hapenned to moderation? Same-sex ceremonies are now accepted by most parts of society but so should religious views be accepted.
| 10 July 2008, 6:08 pm |
Sorry, but I think this is a poor post - or perhaps I should say, too clever by half. The assumption that race is equivalent to sexual orientation needs to be argued rather than assumed. Meanwhile you can sit back and feel smug about all those commenters who were fooled into thinking that there really was a case where a registrar refused to marry people because of their race.
| 10 July 2008, 6:10 pm |
If she’s that religious, surely she believes all civil unions are illegitimate and only unions conducted in the sight of Goad are valid.
| 10 July 2008, 6:20 pm |
“Should deeply held religious beliefs be grounds for refusing to deal with some members of the public?”
Easy Peasy.
If you’re imaginary friend that always agrees with you wants you to pick and chose who you should serve on the government trough (which has to serve all), then maybe you and your imaginary friend that always agrees with you should go private.
| 10 July 2008, 6:20 pm |
“teachers were required to refrain from promoting homosexuality as an acceptable life style, which I think is pretty much the same thing.”
Not really. They were told not to promote homosexuality. They were not told to teach that homosexuality was less acceptable than heterosexuality.
“Same-sex ceremonies are now accepted


Did this story really happen? If so it is clearly shocking that the registrar got any money. I vaguely suspect that you have changed some facts to make a point though. It was really a same-sex wedding, wasn’t it? It is still shocking that you get money when you are not capable of performing your job.