Two judges have today given a two-fingered salute to the Church of England

By
Rev George Pitcher

Last updated at 5:39 PM on 10th February 2012

How many times today have our courts snubbed the Church of England and, by extension, its Supreme Governor and our head of state, the Queen? Yep, the most appropriate gesture that the judges could make in reply to that would be to hold up two fingers – and not just to indicate “twice”.

First, the law found in favour of a Devon local councillor who objected to Bideford Town Council meetings opening with prayers. Then the couple who run a guest house in Cornwall (what is it about the godless West Country?) lost their appeal against conviction for refusing a bedroom to a gay male couple, because their religious principles held that they only let rooms to married couples.

The first case is probably the most worrying for its national implications. Parliament opens every day with prayers said by the Speaker’s chaplain. If a legal precedent is set that Christian prayers “discriminate” against atheists, then we could be about to witness a radical triumph for secularism, sweeping Christian prayer from the process of government, wherever it operates.

High Court: Mr Bone did not want to look 'discourteous' by walking out of council meetings during prayers

High Court: Mr Bone did not want to look ‘discourteous’ by walking out of council meetings during prayers

The guest-house proprietors offer a more complicated case. We don’t want to return to the days when landlords and ladies posted “No Irish, No coloureds” in their windows. And “No gays” is exactly the same form of grotesque discrimination. Peter and Hazelmary Bull argued that their actions were driven not by sexual discrimination but by the principle that they let rooms only to married couples.

The judge found, however, that, since gay couples do not have the marriage option open to them, the Bulls were nevertheless discriminatory to them by virtue of their sexuality. This sets up the intriguing notion that if the state were to institute gay marriages – and there is a Government inquiry reporting on the matter next month – then Mr and Mrs Bull may after all be allowed to honour their consciences and welcome only married couples, but not quite in the way they envisaged.

It is cruel and hurtful to discriminate against people for their sexuality, just as much as it is for their race, colour, gender or, importantly in this case, their creed. And, in that last category, we now seem to be in a place where sexual discrimination trumps every other form of discrimination. You would have thought this was one area of legislation where we might aspire to a level playing field.

The wider implication is this: We seem to be moving towards becoming a secular democracy while still having a national Church of England, established in law, with the Queen at its head. In 2010, Lord Justice Laws ruled in the case of Gary McFarlane, a relationship counsellor dismissed from his post for refusing to counsel a same-sex couple, that ‘the precepts of any one religion – any belief system – cannot by force of their religious origins, sound any louder in the general law than the precepts of any other.’

Is that true? Lord Carey, the former Archbishop of Canterbury, is about to publish a book called We Don’t Do God, in which he enumerates the ways in which our national faith has forged the society in which we live, from education, to the health service, to parliament and the judiciary and to how we structure family life. The Christian faith is in our national DNA and very much defines what it is to be British.

We may be about to throw all that away. And it will be cases like those in Devon and Cornwall that erode our resistance to the process.

We should be able to accommodate our national Church and all that it has given us down the centuries with our secular society and those of other faiths and none. No one should want to see one of these sides being the winner or loser. 

But if we do squander the great heritage that the Christian Church has bestowed on us, it won’t so much be a failure of our legal system as a massive failure of our national imagination. Let’s hope our legislators can come up with equality laws that honour equality of conscience, rather than the current and simple inequalities in discrimination. 

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