Tuesday, January 18, 2011

British Same Sex Couple Wins Discrimination Case Against Christian Hotel Owners Who Refused Them Accommodation

Tuesday, a landmark decision by a Bristol court, the Guardian reporting that Judge Andrew Rutherford ruled that Peter and Hazelmary Bull were violating the law when they refused Martyn Hall and his civil partner Steven Preddy a double room at their hotel in Cornwall, in southern England in 2008. The ruling is one of the first to be made under the Equality Act (Sexual Orientations) Regulations 2007, and sets a critical precedent in terms of providing protection from discrimination to those in civil partnerships. Throughout the Bulls maintained that their policy refusing accommodation to the couple was not based on their sexual orientation, but that they were not married, the restriction, according to the Bulls, applying to unmarried heterosexual couples as well. They also argued that because they lived on the ground floor of the hotel, they held the right to have their home life respected, and, by extension, their Christian beliefs. However, Judge Andrew Rutherford rejected both arguments, saying “The only conclusion which can be drawn is that the refusal to allow them to occupy the double room which they had booked was because of their sexual orientation ... and this is direct discrimination.” He added that the Bulls’ right to have their private and family life respected was “inevitably circumscribed by their decision to use their home in part as a hotel.” He also deemed the recently enacted sexual orientations regulations as a “necessary and proportionate intervention by the state to protect the rights of others.” He awarded the 46 year old Hall and 38 year old Preddy 1,800 pounds each, the couple pleased with the decision. “When we booked this hotel we just wanted to do something that thousands of other couples do every weekend – take a relaxing weekend break away. We checked that the hotel would allow us to bring our dog, but it didn't even cross our minds that in 2008 we would have to check whether we would be welcome ourselves. We're really pleased that the judge has confirmed what we already know – that in these circumstances our civil partnership has the same status in law as a marriage between a man and a woman, and that regardless of each person's religious beliefs, no one is above the law.”The judge granted the Bulls leave to appeal the ruling, and the 66 year old Hazelmary said she and her 70 year old husband Peter would consult their attorneys. She added they were “obviously disappointed” with the decision and added “We are trying to live and work in accordance with our Christian faith.”

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