April 30, 2010

After the last case of nature imitating art, Gordon Brown’s gaffe reminded me of that moment on Yes, Prime Minister when Sir Humphrey learns an important lesson: the microphone is always live, just as the gun is always loaded.

I don’t know whether Mrs Duffy is a bigot. As Bernard Woolley might say, that’s one of those irregular verbs, isn’t it? I engage in open discussion on immigration; you are a bigot; he’s being charged under Section 19 of the Public Order Act. Andrew Rilstone says she’s read too much of the Nasty Press, and that Brown is himself too used to pandering to them, in public at least, both sentiments which seem fair enough, to me.

Justice and Laws

There’s a lot of blogging going on about the failure of yet another legal case where a Christian claimed they’d been discriminated against when they were sacked for discriminating against gays. Gary McFarlane, a relationship counsellor, was sacked by Relate for refusing to give therapy to homosexual couples. Lord Carey, the former archbishop of Canterbury, intervened in the case. He submitted a witness statement in which he called for special, religiously sensitive, courts to hear cases like McFarlane’s; said that Christians were being equated with bigots (that word again); and warned of “civil unrest” if things carried on (for an example of civil unrest organised by the Church of England, see Eddie Izzard’s Cake or death sketch).

It’s worth reading the full text of the judgement by the excellently named Lord Justice Laws. After giving his legal opinion, the judge addresses Lord Carey’s statement. He rejects Carey’s claim that the law says Christians are bigots, distinguishing discriminatory outcomes from malevolent intentions. He goes on:

The general law may of course protect a particular social or moral position which is espoused by Christianity, not because of its religious imprimatur, but on the footing that in reason its merits commend themselves. So it is with core provisions of the criminal law: the prohibition of violence and dishonesty. The Judaeo-Christian tradition, stretching over many centuries, has no doubt exerted a profound influence upon the judgment of lawmakers as to the objective merits of this or that social policy. And the liturgy and practice of the established Church are to some extent prescribed by law. But the conferment of any legal protection or preference upon a particular substantive moral position on the ground only that it is espoused by the adherents of a particular faith, however long its tradition, however rich its culture, is deeply unprincipled. It imposes compulsory law, not to advance the general good on objective grounds, but to give effect to the force of subjective opinion. This must be so, since in the eye of everyone save the believer religious faith is necessarily subjective, being incommunicable by any kind of proof or evidence. It may of course be true; but the ascertainment of such a truth lies beyond the means by which laws are made in a reasonable society. Therefore it lies only in the heart of the believer, who is alone bound by it. No one else is or can be so bound, unless by his own free choice he accepts its claims.

This debate is usually framed as Christians vs atheists and secularists. Indeed, Carey is still fulminating, fellow bishop Cranmer rumbles about establishment, and the Christian Legal Centre appears to think it’s a good idea for the courts to take a position on the veracity of the Bible (let me know how that one works out for you, guys). But not all Christians are with Carey and the CLC: some Christians call out Carey for bringing Christianity into disrepute, and some recognise that claiming persecution has become a cottage industry for Christians in the UK. See also How to spot a fundamentalist Christian lobby group in your news, where you’re encouraged to spot a pattern developing.

The Evangelical Alliance would like these cases to stay out of the courts. A common response to this sort of case is to ask whether some accommodation could be made to the discriminatory Christians: perhaps those who objected to dealing with gay couples could be excused such duties? That seems reasonable to an extent, but Lord Justice Laws makes it clear that there is no legal obligation on employers here. It would be churlish to object to employers freely choosing to make such arrangements, so long as they do not inconvenience co-workers who do not discriminate in this way, but it seems hard to argue that employers have a moral obligation to do so, either: co-workers would probably feel a bit like the elder brother in Prodigal Son parable, and might ask why should someone behaving badly get equal pay and more flexibility about their work then someone willing to do the entire job. More generally, if society has decided that such discrimination is wrong, why should those doing wrong get special treatment? What do you think, readers?

Edited to add: some more discussion of the McFarlane case is happening over on andrewducker‘s post about it.