The Court of Appeal has finally put an end to the religious discrimination claims of Lilian Ladele, a Registrar working for Islington Council who refused to officiate at same-sex partnership ceremonies. As a Christian she believed such relationships to be wrong.
Ms Ladele claimed that she was discriminated against on the grounds of her religious belief when the Council tried to compel her to carry out these duties.
The Court of Appeal confirmed there was no discrimination. They found that Islington Council had to provide ceremonies to both heterosexual and same-sex couples and more generally to promote equality and fight discrimination. They also found that the Council had to uphold non-discriminatory practices within its workforce. Exempting Ms Ladele from part of her duties would breach those responsibilities.
Essentially Ms Ladele was asking to be treated differently – which is not what discrimination law is about. It aims to ensure equality of treatment.
In reaching its decision the Court recognised the genuineness of Ms Ladele’s beliefs, and therefore her objections to what she was being required to do.
However it re-emphasised that in a democratic society it is often necessary for people to comply with laws they disagree with on religious grounds. So Quakers cannot withhold part of their taxes because the money will be used for weapons research, and a Christian sect which believes in corporal punishment cannot cane children in a school they run where that is contrary to national law.
There is sympathy for Ms Ladele. People may feel that the attempt to prevent discrimination to some has resulted in injustice to others. However, the Courts can only interpret and enforce the law – it is up to Parliament to create and change it.
The drive to eliminate discrimination against minorities will often involve difficult decisions over the rights of other groups. Sometimes these are not foreseen when laws are passed. It will be interesting to see whether in the longer term cases like that of Ms Ladele lead to any change in the current law.
