A High Court judge in Northern Ireland has struck down part of the Government’s Sexual Orientation Regulations in a judgement passed down on 12th September.
Mr Justice Weatherup quashed harassment clauses in the Northern Ireland regulations, which would have resulted in Christians or churches there being sued for condemning homosexual practice. He said that they infringed the Human Rights Act 1998, namely freedom of expression and freedom of religious belief.
The Christian Institute, a Christian pressure group, campaigned against the regulations. Director Colin Hart said the judgement meant “freedom of speech [had been] preserved.”
The decision in the case only extends to the harassment clauses in the Sexual Orientation Regulations. It remains illegal for providers of goods, services, education or public functions to discriminate on the grounds of a recipient’s sexual orientation. The High Court judge also said that future litigation should give thought to a Canadian case where it was held that a Christian printer was not obliged to print material that went against his core beliefs but had to be willing to print other material for homosexual customers, for example letterheads.
The Northern Ireland ruling has widespread implications in the rest of the UK. Although the Sexual Orientation Regulations in England, Wales and Scotland do not contain harassment clauses, the Government intends to introduce harassment laws into the rest of the UK in the Single Equality Bill.
The Church of England has warned that such proposals could lead to lawsuits if the church expresses the Biblical teaching that homosexual sex is immoral, whilst the Lawyer’s Christian Fellowship suggests that homosexuals could sue if they heard a sermon that condemned homosexuality.
This now seems doubtful since the Northern Ireland court has ruled against harassment clauses, but although the scope of the Sexual Orientation Regulations has narrowed there will still be cases where Christians face opposition for adhering to Biblical truths in this area.
More information:
http://www.telegraph.co.uk/news/main.jhtml;jsessionid=BAIKIFZSSB4MTQFIQMGCFFWAVCBQUIV0?xml=/news/2007/09/07/ngay107.xml
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/09/12/nharass112.xml
http://www.christian.org.uk/pressreleases/2007/march_07_2007.htm
http://www.christian.org.uk/soregs/sornewsletter_apr07.pdf
http://www.christian.org.uk/soregs/niresult_11sept07.htm
http://www.christianconcernforournation.co.uk/sor/index.php