LGBT Labour statement on EHRC intervention in religious discrimination cases

Background

On 11 July 2011 the Equality and Human Rights Commission (EHRC) announced that it has applied to the European Court of Human Rights to intervene in four cases involving religious discrimination in the workplace. There has been concern raised that the EHRCs proposals to ‘reasonably accommodate’ people of faith may result in the law allowing prejudiced people who are of faith to discriminate against LGBT people in the provision of goods and services.

LGBT Labour will defend the legal rights of LGBT people

The Labour Government delivered significant protection for LGBT people. We are proud of these advancements and are clear that there must be no rolling back of the current rights and protection for LGBT people. LGBT Labour will work with the Labour Party and other to ensure that these hard fought rights are defended.

A human rights respecting culture benefits everyone

We believe that a society which respects human rights for all can be a more tolerant, fairer and respectful place for everyone, including LGBT people. Protecting the rights of people of faith and belief from unfair treatment must not be at the expense of the enjoyment of the fundamental rights and dignity of others. Whilst recognise that at times the rights of different groups will need to be balanced, LGBT people should not experience less favourable treatment as a consequence of advances in the rights of people of faith and belief.

The EHRC must fulfil its statutory obligations as it pursues the intervention

We agree with the TUC and others that the law must not be reformed in a manner which would allow an employer to accommodate the prejudices of an employee against LGBT people if they could argue that their prejudice was based in their religion or belief. LGBT people have a right to access services without experiencing prejudice and discrimination, even if this is due to a strongly-held religious belief. We welcome the subsequent statement from the EHRC that they do not, and will not, licence discrimination against anyone, on any grounds, and will continue to take action to eliminate it. It is disappointing that the EHRC did not make this statement at the time of announcing their intervention.

The Labour Government placed the EHRC under a statutory obligation to work towards the elimination of prejudice against, hatred of and hostility towards LGBT people and to promote good relations between people of faith and belief and LGBT people. LGBT Labour will be monitoring the EHRC to ensure this is fulfilled as they proceed with their intervention.

We welcome the EHRC commitment to further consultation

In discussion with the EHRC we have been made aware that they will seek to consult and discuss their proposals with stakeholders. We warmly welcome this consultation. We urge the EHRC to use this as an opportunity to engage with LGBT people in what can be a nuanced and complicated area of law and to reassure them that there will be no compromise on the principle of equality.