The Shofar is the ancient trumpet which called the people of God to prayer, repentance, sacrifice and war.

SOME ARE MORE EQUAL THAN OTHERS

Friday 11th December 2009

The Government's Equality Bill has finished its passage through the Commons and now heads to the House of Lords. It consolidates UK discrimination law but also extends it in key areas. It amplifies discrimination law, obliges local authorities to try to bring about equality of outcome rather than equality of opportunity (they are 'to consider socio-economic disadvantage' when taking 'strategic decisions') and allows political parties to use women-only shortlists up to 2030, despite this heavy-handed positive action losing Blaenau Gwent for Labour in the last election.

The Bill left the Commons pretty much unchanged, especially in its anti-Christian provisions which we examine below. We call on the House of Lords to amend the Bill to remove the anti-Christian provisions and we encourage all Christians to join our campaign and write to their local peers (we maintain an authoritative list of peers by locality of affiliation).

We object in principle to the idea that transsexuals, homosexuals and those who follow non-Christian faiths should be protected to the extent the Bill does. We most certainly object to the affirmative action the Bill proposes. Below, we follow the order in which the Bill itself has laid out the various issues of concern. Our comments are in italics following each clause or set of clauses.

HARASSMENT AND VICTIMISATION

Clause 26: Harassment

(1) A person (A) harasses another (B) if-

(a) A engages in unwanted conduct related to a relevant protected characteristic, and

(b) the conduct has the purpose or effect of-

(i) violating B's dignity, or

(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(5) The relevant protected characteristics are-

  • age;
  • disability;
  • gender reassignment;
  • race;
  • religion or belief;
  • sex;
  • sexual orientation.

This appears to be a hate crimes law by the back door. If a Christian preacher speaks out against what he sees as the abomination of gender reassignment, or against homosexuality, or against the false religions of Islam or Hinduism, it will be easy for an activist in that 'protected group' to claim that his dignity has been violated or that a humiliating environment has been created for him. The activist can then bring an action in the courts. We believe that organisations like Christian Voice are not under serious threat; any activist will think very seriously before taking us on; but there will be Christian individuals and bodies of lesser faith and courage who may well back down or engage in self-censorship - the 'chilling effect on free speech' often referred to.

Clause 27: Victimisation

(1) A person (A) victimises another person (B) if A subjects B to a detriment because-

(a) B does a protected act, or

(b) A believes that B has done, or may do, a protected act.

(2) Each of the following is a protected act-

(a) bringing proceedings under this Act;

(b) giving evidence or information in connection with proceedings under this Act; (c) doing any other thing for the purposes of or in connection with this Act;

(d) making an allegation (whether or not express) that A or another person has contravened this Act.

This appears to mean that if someone brings an action under a clause like the one above, anyone reporting on the matter will have to ensure he is respectful to the one bringing the action, however unreasonable or petulant such action appears. Otherwise he will be subjecting the one bringing the action to 'a detriment' 

PROVISION OF SERVICES
29 Provision of services, etc.

(1) A person (a "service-provider") concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)-

(a) as to the terms on which A provides the service to B;

(b) by terminating the provision of the service to B;

(c) by subjecting B to any other detriment.

(3) A service-provider must not, in relation to the provision of the service, harass-

(a) a person requiring the service, or

(b) a person to whom the service-provider provides the service.

(4) A service-provider must not victimise a person requiring the service by not providing the person with the service.

(5) A service-provider (A) must not, in providing the service, victimise a person (B)-

(a) as to the terms on which A provides the service to B;

(b) by terminating the provision of the service to B;

(c) by subjecting B to any other detriment.

(6) A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation.

(7) A duty to make reasonable adjustments applies to-

(a) a service-provider (and see also section 55(7));

(b) a person who exercises a public function that is not the provision of a service to the public or a section of the public.

(8) In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic-

(a) religion or belief;

(b) sexual orientation.

This clause carries on the iniquity that a Christian wedding photographer is obliged to cover a civil partnership, a Christian hotelier to provide a double bed to a pair of homosexuals, or a Christian printer to print the invitations. The Earl of Devon had to close all wedding ceremonies at Powderham Castle last year because he refused to allow the dispiriting spectacle of civil partnerships to be held there.

EMPLOYMENT
39 Employees and applicants

(1) An employer (A) must not discriminate against a person (B)-

(a) in the arrangements A makes for deciding to whom to offer employment;

(b) as to the terms on which A offers B employment;

(c) By not offering B employment.

ETC...

53 Qualifications bodies

(1) A qualifications body (A) must not discriminate against a person (B)-

(a) in the arrangements A makes for deciding upon whom to confer a relevant qualification; (b) as to the terms on which it is prepared to confer a relevant qualification on B;

(c) by not conferring a relevant qualification on B.

Schedule 9 (Applies to Section 83: Interpretation and Exceptions)

Work: exceptions

Part 1
Other requirements relating to religion or belief

3 A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work- (a) it is an occupational requirement,

(b) the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(4) This sub-paragraph applies to-

(a) a requirement to be of a particular sex;

(b) a requirement not to be a transsexual person;

(c) a requirement not to be married or a civil partner;

(d) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;

(e) a requirement relating to circumstances in which a marriage or civil partnership came to an end;

(f) a requirement related to sexual orientation.

(8) Employment is for the purposes of an organised religion only if the employment wholly or mainly involves-

(a) leading or assisting in the observance of liturgical or ritualistic practices of the religion, or

(b) promoting or explaining the doctrine of the religion (whether to followers of the religion or to others).

The Clauses about employment, taken with Schedule 9 of the Equality Bill, are a major change in UK employment law which will greatly damage Christian organisations including many churches.

Many Christian organisations will be unable to appoint someone as a pastor or a worker who is engaged in what they see as sin. Living together outside marriage or being in a civil partnership are instances of such behaviour.

The only exception is if the post in question is 'wholly or mainly' concerned with leading liturgy or ritual or promoting or explaining doctrine.

This means that a homosexual applying for the position of a Christian youth worker, an accountant, even a cleaner, or for any job in a Christian social care establishment would have to be employed as the job is not 'wholly or mainly' concerned with leading liturgy or ritual or promoting or explaining doctrine.

In fact even a Church minister would be hard pressed to say his job is 'wholly or mainly concerned with leading liturgy or ritual or promoting or explaining doctrine'. A pastor does many things during his week of work. He may be visiting parishioners, looking after the church building, attending meetings or activities in the community. He is only in church 'leading liturgy' or in groups 'explaining doctrine' for a small part of his working week

Churches and church-based organisations want their staff and workers to follow their doctrine. There may be meetings for prayer or services; but in any case, they will feel their integrity is compromised by having someone openly hostile to their faith in any kind of job.

Such a person would also be able to bring an action for indirect discrimination. The presence of religious symbols may offend them, for instance. The provisions in the Bill spell the end of faith-based organisations. A cynic might say this is precisely what the current secularist Government intends.

At the Report Stage of the Bill, Labour MP David Drew moved an amendment to protect the religious liberty of churches and allow religious organisations to restrict the appointment of key staff to people whose conduct is consistent with their historic traditions and interpretation of Scripture. The amendment was defeated by 314 votes to 170.

Prior to the vote, the European Commission intervened to support the Government, saying that the Equality Bill must subordinate religious conscience to homosexual equality. Contrasting current UK law with EU requirements, the Commission said: 'exceptions to the principle of non-discrimination on the basis of sexual orientation for religious employers are broader than that permitted by the directive'.

The Commission was acting in accordance with the Treaty of Lisbon which makes clear that European Union law is superior to and takes precedence over all forms of national law. National authorities are required not only to observe all forms of European Union law; they must also implement and give effect to them in the respective Member States.

GUESTS AND ASSOCIATIONS
102 Guests

(1) An association (A) must not discriminate against a person (B)-

(a) in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;

(b) as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;

(c) by not inviting B, or not permitting B to be invited, as a guest.

Schedule 16 (Section 106)

Associations: exceptions

Single characteristic associations

1 (1) An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.

These provisions mean that an association can be set up exclusively for transsexuals, for instance, but that a club may not bar transsexuals. This is an important point because transsexuals cause problems in the lavatory facilities they are prepared to use. A man who decides he is a woman and begins to dress as such, prior to the treatment such men are offered by certain medical professionals will not wish to use the gents' toilet, but will be unwelcome in the ladies'.

And indeed, why should not a Christian or indeed any club or association not be able to restrict membership to persons of a wholesome character in accordance with its core beliefs?

PUBLIC SECTOR EQUALITY DUTY
148 Public sector equality duty

(1) A public authority must, in the exercise of its functions, have due regard to the need to-

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).

(3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to-

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;

(b) meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;

(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to-

(a) tackle prejudice, and (b) promote understanding.

(5) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(6) The relevant protected characteristics are-

  • age;
  • disability;
  • gender reassignment;
  • pregnancy and maternity;
  • race;
  • religion or belief;
  • sex;
  • sexual orientation.

Public authorities include:

  • Ministers of the Crown and government departments (except for MI5, MI6 and GCHQ)
  • The Welsh Assembly Government,
  • The Scottish Administration
  • The Armed forces
  • The National Health Service
  • Strategic Health Authorities
  • Primary Care Trusts (in England )
  • NHS trusts
  • Special Health Authorities (but excepting the NHS Blood and Transplant Authority)
  • NHS foundation trusts
  • Local Health Boards in Wales and Scotland
  • A Community Health Council in Wales .
  • County councils, district councils and parish councils in England .
  • Parish meetings (S13 of the Local Government Act 1972).
  • Charter trustees (S 246) in England and Wales .
  • The Greater London Authority.
  • London borough councils.
  • The Common Council of the City of London .
  • The Inner Temple and Middle Temple , as local authorities.
  • The London Development Agency.
  • Police authorities
  • The London Fire and Emergency Planning Authority.
  • Transport for London .
  • The Council of the Isles of Scilly.
  • The Broads Authority in Norfolk and Suffolk
  • Regional development agencies
  • Community councils and licensing boards in Scotland
  • Internal drainage boards
  • Passenger Transport Executives
  • Port health authorities
  • National Park authorities in Wales and Scotland
  • Scottish Enterprise and Highlands and Islands Enterprise ,
  • Waste disposal authorities
  • The governing bodies of maintained educational establishments in England and Wales
  • Education authorities in Scotland

The managers of grant-aided schools and the boards of management of colleges of further education in Scotland

GOVERNMENT NOTES ON THE EQUALITY BILL
Part 11 - Advancement of equality

Chapter 1 - Public sector equality duty to cover gender reassignment in full, age, religion or belief and sexual orientation.

Examples

  • The duty could lead a police authority to review its recruitment procedures to ensure they did not unintentionally deter applicants from ethnic minorities, with the aim of eliminating unlawful discrimination.
  • The duty could lead a local authority to target training and mentoring schemes at disabled people to enable them to stand as local councillors, with the aim of advancing equality of opportunity for different groups of people who have the same disability, and in particular encouraging their participation in public life.
  • The duty could lead a local authority to provide funding for a black women's refuge for victims of domestic violence, with the aim of advancing equality of opportunity for women, and in particular meeting the different needs of women from different racial groups.
  • The duty could lead a large government department, in its capacity as an employer, to provide staff with education and guidance, with the aim of fostering good relations between its transsexual staff and its non-transsexual staff.
  • The duty could lead a local authority to review its use of internet-only access to council services; or focus "Introduction to Information Technology" adult learning courses on older people, with the aim of advancing equality of opportunity, in particular meeting different needs, for older people.
  • The duty could lead a school to review its anti-bullying strategy to ensure that it addresses the issue of homophobic bullying, with the aim of fostering good relations, and in particular tackling prejudice against gay and lesbian people.
  • The duty could lead a local authority to introduce measures to facilitate understanding and conciliation between Sunni and Shi'a Muslims living in a particular area, with the aim of fostering good relations between people of different religious beliefs.

Possibly the most anti-Christian section of the Bill is Clause 148 or Part 11, headed 'Advancement of equality'. This places a duty on every public authority to go out of its way to 'eliminate discrimination' against members of the eight protected groups listed in the clause. Positive discrimination using taxpayers' money is what the Bill requires. The protected characteristics include religion or belief, so that local councils will feel obliged to promote minority non-Christian faiths and atheism (absence of faith or belief is given equality with faith and belief). Most worrying of all, gender reassignment and sexual orientation complete the list.

This means quite plainly that the equality officer of a local fire brigade might easily suggest participation in a gay pride event and if the firemen themselves object, as happened in Glasgow, they may find themselves outside the law for not having the 'due regard' for advancing equality referred to in the Bill.

Public Authority 'Equality' or 'Diversity' officers, whipped up by outside Equality and Diversity consultants (see Christian Voice February 2009) will be looking for crosses to take down from chapels, Bibles to expunge from hospital bedsides, staff prayer meetings to scrap, municipal church services to make multi-faith, homosexual events to underwrite with public money and dissident Christian employees to sack.

Private companies tendering for public authority work will also be required to demonstrate that they are advancing the protected groups. Given the size of the public sector, the tentacles of the Bill will spread far and wide.

Emily Thornberry MP gave another application in the Commons 2nd Reading debate. When Canterbury City Council was accused by 'Pride in Canterbury ' of failing to promote 'gay culture' in the city, the local government ombudsman said 'no regulations could be used to criticise the council'. 'This Bill will change that', she said, chillingly.

GOVERNMENT USES SCHOOL EXAMPLE
But why invent examples when the Government have given some equally bizarre ones in its commentary on the Bill? They say it could mean a government department wasting time berating its staff on the beauties of transsexualism, a local council vainly attempting to reconcile Shi'a and Sunni Muslims in its area, or a school to whip up the spectre of 'homophobic bullying' in order to promote homosexuality. This latter is despite the lack of evidence showing such teaching reduces name-calling and the common sense realisation that such teaching may actually increase it, giving the bullies a new weapon, and plant the seed of possibly being homosexual in a young mind.

The latter scenario will cause most concern to parents, because it has already happened, in Leytonstone and Broadstairs, amid public protest, and even before the Equality Bill is enacted. But it appears that not one Member of Parliament raised such sexual grooming as an issue in any of the Bill's House of Commons stages. Only ten MPs voted against the Bill at Third Reading .

We hope and pray the House of Lords will take more seriously the promotion of sodomy to small children. Gay activists at the British Museum in November 2009, which was advancing Lesbian/Gay/Bisexual/Transgender History Month (that is February, apparently) said smugly: 'The year 2010 will bring us The Equality Act with its greater legislative demands of schools and all public institutions thereby increasing the relevance of LGBT History Month.'

CONCLUSION
'One law shall be to him that is homeborn and unto the stranger that sojourneth with you.' (Exod 12:49)

Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it. (Deut 1:17)

Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous. (Deut 16:19)

For there is no respect of persons with God. 'Thou shalt not respect persons in judgment (Rom 2:11)

Words of the Holy Bible (the King James or ‘Authorised' Version) Described at her coronation in June 1953 as the Rule for Her Majesty's Whole Life and Government.

The Equality Bill is the latest example of the Government legislating iniquity (Micah 2:1) and calling evil good and good evil (Isaiah 5:20). Homosexual practice and the worship of other gods, which the Bible describes as evil, this Bill calls good. Christian preaching and the upholding of standards of righteousness, safeguarding small children from sexual abuse, which the Bible states are good, this Bill calls evil.

The Bill takes particular classes of people and, contrary to the Biblical principle that all are to be treated equally before the law, exalts them to enjoy protected and preferential status.

The best thing of all for this Bill is for it to fall. If that is not to be, then may God use the House of Lords to exclude the worst parts of it.

PRAY: That in the face of wickedness, a degree of righteousness, preservation of the Church of Jesus Christ in its broadest sense and protection of children will be maintained. Cry to the Lord that in just six years this country has gone from banning the promotion of sodomy in schools to shamelessly advocating it.

We are entering a period in Britain in which the advancement of homosexuality as seen in Sodom becomes a reality in our time. Those who are object are told to be quiet and not to be judgmental, just as the men of Sodom told Lot . May Almighty God have mercy on us and deliver our nation from such wickedness.