Hall and another v Bull and another [2012] EWCA Civ 83, [2012] All ER (D) 73 (Feb)
Court of Appeal, Civil Division, Sir Andrew Morritt C, Hooper and Rafferty LJJ, 10 Feb 2012
The refusal by devoutly religious hoteliers to let a double-bedded room to a homosexual couple constituted direct discrimination under the Equality Act (Sexual Orientation) Regulations 2007, (SI 2007/1263), (the 2007 Regulations) and, to the extent which the 2007 Regulations limit the manifestation of the hoteliers’ religious beliefs, the limitations are necessary in a democratic society for the protection of the rights and freedoms of others.
Robin Allen QC and Catherine Casserley (instructed by the Human Rights and Equal Opportunity Commission) for the claimants. James Dingemans QC and Sarah Crowther (instructed by Aughton Ainsworth) for the defendants.
The defendants were hoteliers and were devoutly religious. The claimants were in a homosexual relationship. They booked a double-bedded room at the defendants’ hotel. The defendants let single-bedded and twin-bedded rooms to anyone, regardless of marital status or sexual orientation, but only let double-bedded rooms to married couples. This policy was freely advertised
