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25 October 2013 / Robert Wintemute
Issue: 7581 / Categories: Features , Public , Human rights
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Smug marrieds?

Does the “married couples only” rule count as direct or indirect discrimination asks Robert Wintemute

 

On 9 October, the Supreme Court heard an appeal from the decision in Bull & Bull v Hall & Preddy [2012] EWCA Civ 83, in which the Christian owners of a hotel refused a double-bedded room to a same-sex couple, two men who were civil partners, because they were not married. The most interesting issue for the Supreme Court is not whether Art 9 of the European Convention on Human Rights and s 3(1) of the Human Rights Act 1998 entitle Mr and Mrs Bull to have a religious exemption read into the Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263), which expressly prohibit discrimination based on sexual orientation in access to services, including accommodation in a hotel. The European Court of Human Rights (ECtHR) made it clear in Eweida & Others v United Kingdom [2013] ECHR 37 that Art 9, whether taken alone or combined with Art 14, does not require exemptions from anti-discrimination legislation for religious individuals asked by their employers to serve same-sex couples in non-religious

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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