Supreme Court justices unanimously dismiss appeal
Two Christians who turned away a gay couple from their private hotel in Cornwall have lost their appeal at the Supreme Court.
Mr and Mrs Bull refused the couple, who are in a civil partnership, a double room because they believe sexual intercourse outside of marriage is a sin. Their policy that double rooms are available only to “heterosexual married couples” is clearly stated on their online booking form.
The couple, Mr Preddy and Mr Hall, brought proceedings under the Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263), Reg 4 of which makes direct or unjustified indirect discrimination unlawful. Under Reg 3(4), civil partnership is treated the same as marriage as far as protection from discrimination is concerned.
The Bulls countered that they discriminated on the basis of marital status not sexual orientation, therefore their action constituted justified indirect, not direct, discrimination and asked that their Art 9 right to manifest their religious beliefs be taken into account.
The Court unanimously dismissed the appeal. Three of the Justices held there was direct discrimination. Two of the Justices, including Lord Neuberger, held there was unjustified indirect discrimination. They unanimously held that the 2007 Regulations engaged Art 9 but that it was a justified and proportionate protection of the rights of others.
