Q I read the news today that damages were awarded against hotel owners who refused to let a homosexual couple stay in a double room because of their religious beliefs. Aren't people in this country free to practice the principles of their religion?
A. The European Convention on Human Rights provides that everyone has freedom of religion and the right to practice their religion. However, this is not an absolute right and the same convention also provides that you cannot discriminate on the grounds of sex. Furthermore, the 2007 Equality Act specifically prohibits discrimination in the provision of goods and services on the grounds of sexual orientation.
The claimants in this case were a gay couple who had entered into a civil partnership and the defendants were a married couple who held strong Christian beliefs. Their online booking form stated " we have few rules but please note that out of a deep regard for marriage we prefer to let double accommodation to heterosexual married couples only - thank you."
The hotel guests succeeded in a discrimination claim with the judge finding that the hotel owners could not use religion to exempt themselves from discrimination laws. By way of explanation of his decision, the judge referred to a comparable situation where a requirement to wear a particular uniform at work might cut offend a person's religious beliefs but still be justified on health and safety grounds or to promote a particular corporate identity.
