in London who lost his job for refusing to provide sex therapy to gay couples
lost a discrimination lawsuit on appeal.
Gary McFarlane, 48, was fired
from Relate, a marriage counseling service in Bristol, England, in 2008 after
refusing to help same-sex couples improve their sex lives because it violated
his Christian beliefs.
Photo: Christian Legal Centre
McFarlane, an attorney and part-time counselor, did not object to
other Relate counselors offering sex advice to same-sex couples but asked not
to be assigned to such cases as a matter of conscience, said the Christian
Legal Centre (CLC), which represents McFarlane.
McFarlane, a former elder of a
large multicultural church in Bristol, claimed he was unfairly dismissed and
was a victim of religious discrimination in violation of the Employment
Equality (Religion or Belief) Regulations 2003.
He took Relate to the Employment
Tribunal, which ruled that he had been wrongfully dismissed but not a victim of
religious discrimination. He then appealed to the Employment Appeal Tribunal,
but his case was dismissed Monday.
“This decision is a stark
warning to people of conscience in this nation that as a result of 12 years of
Labour rule, the British establishment no longer values the democratic rights
of its citizens to hold conscience as a matter of principle,” McFarlane said in
a statement. “Society is the worse for not allowing people of conscience to
exercise legitimate rights.”
CLC director Andrea Minichiello
Williams said the ruling goes against all notions of religious conscience
protection and common sense.
“The seriously worrying
underlying point in this case, which the court has refused to accept, is that
for religious belief to be protected it is necessary to uphold the right to manifest
that belief,” she said. “The effect of this judgment is to rule out any
expression of deeply held conscience, even when the expression is limited to a
very reasonable, practicable and sensible request to be assigned work such that
worker and client are best served and that the work is tenable for the worker.”
“Time and time again in British
Courts we see that freedom of religion, Article 9 of the European Convention on
Human Rights, offers no protection whatsoever to Christians and other people of
faith with a conscience,” she added.
Claire Tyler, Relate’s chief
executive, said the appeal ruling validates her organization’s commitment to
equal access of services.
“Relate’s trusted service …
relies on making sure that all members of society, regardless of their gender,
age, race, religion, sexual orientation or relationship status, are able to
access respectful and professional counseling and sex therapy,” she said,
according to BBC News.
“Relate is committed to
supporting all religious beliefs working within Relate,” she added. “However,
our primary consideration is to our clients who often need complex advice and
assistance.”
Williams said McFarlane would
appeal the decision. “We will take this as far as is necessary, even if we have
to go all the way to the Supreme Court and then Europe,” she said. “We will
press on until justice prevails.”
