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Lillian Ladele |
Registrar dispute heads for Supreme Court
THE case of a Christian marriage registrar who claims Islington Council discriminated against her for refusing to conduct same-sex civil partnerships is now expected to go to the highest court in the land.
Lillian Ladele maintains that her religious belief that gay couples are “sinners” means she cannot officiate at ceremonies.
The Christian lobby group backing her said this week it would file for a landmark Supreme Court hearing if necessary.
“We’ll take it to the Supreme Court if we need to – and there’s the European Court of Appeal after that,” pledged Christian Institute spokesman Mike Judge.
Ms Ladele, who lives in Skinner Street, Finsbury, took Islington Council to a tribunal in May 2008 and won – but the Town Hall appealed and the decision was overturned at a second hearing in December last year.
The dispute was heard for a third time in the High Court on Monday and Tuesday, with both sides saying they would challenge any decision that did not go their way. Ms Ladele, 49, sat next to her mother in the public gallery reading from a small black Bible.
Her barrister, John Dinghams QC, joined Helen Mountfield, for Islington Council, and Karon Monaghan, acting pro bono for campaign group Liberty, before Lord Justice Dyson in the Master of the Rolls’ courtroom.
Ms Mountfield said Ms Ladele was punished “because of her actions, not her religious beliefs”.
She told the court it was important to send out a “proper message in a democratic society” in what was the “first case of its kind in the country”.
She added: “The London Borough of Islington is democratically elected. They have given thought to their employment policy. More than half of its residents put Christian as their chosen religion. This has never been about a lack of respect for Christianity.
“But if God ordained that women should stay at home, and an employer says that is his sincerely held belief, should he then be allowed to exercise that right?”
Ms Monaghan said Liberty was keen to help Islington win the case so as not to set a precedent for other employment disputes. She said: “It would permit parasitic claims. People will begin to say, ‘well, they have accommodated this appellant – why not me?’”
She added: “There are very many faith-based systems grounded on patriarchal norms that have disadvantaged women – but it is no part of Liberty’s case that religion is relegated to sexual orientation.”
Civil partnership ceremonies – officially recognising gay couples – became part of the registrar’s job description in 2005. Another Islington Town Hall registrar, Theresa Davies, has also been relegated to desk duties because she refuses to conduct civil partnerships and has written to every member of the House of Lords for support.
Mr Dinghams said his client believed she should not have been forced to conduct the ceremonies. He made repeated reference to a breach of her confidence, accepted by Islington, when Ms Ladele’s decision to opt out of civil partnerships was leaked by a Town Hall manager to Islington’s Lesbian, Gay, Bisexual and Transgender (LGBT) forum.
He told the court: “Why should one right be allowed to trump another – especially when the public is getting the same, first-rate service?
“Islington’s aim is to provide CP [civil partnership] ceremonies without discrimination. Why are they trying to obliterate her religious beliefs? That is the effect of it. She should not be required to change her views.”
Judge Dyson said: “We reserve our judgment and we hope to come back to you as soon as possible.”
Barristers said they expect a judgment before Christmas. |
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