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Victory for Christian registrar bullied for refusing to perform 'sinful' gay weddings
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10 July 2008
Landmark ruling: A tribunal said Lillian Ladele had been unfairly treated by her employers over her refusal to perform civil partnership ceremonies
A Christian registrar who refused to carry out gay 'weddings' won a landmark legal battle yesterday.
Lillian Ladele, 47, was threatened with the sack, bullied and 'thrown before the lions' after asking to be excused from conducting civil partnerships for same-sex couples because of her religious beliefs.
But yesterday a tribunal agreed that her faith had been ridden roughshod over by equalities-obsessed Islington Council, which had sought to 'trump one set of rights with another'.
The groundbreaking decision could lead to firms facing 'conscience claims' from staff who say their own beliefs prevent them carrying out part of their job.
Yesterday's ruling found that Liberal Democrat-run Islington Council in North London cared too much about the 'rights of the lesbian, gay, bisexual and transsexual' community.
It also found that the council – which gave Miss Ladele an ultimatum to choose between her beliefs and her £31,000-a-year job – showed no respect for her rights as a Christian.
Speaking afterwards, Miss Ladele said: 'It is a victory for religious liberty, not just for myself but for others in a similar position to mine.
'Gay rights should not be used as an excuse to bully or harass people over their religious beliefs.'
Miss Ladele, who is single, said she was treated like a pariah by colleagues and left in an 'intimidating, hostile, degrading, humiliating or offensive environment'.
She had wept as she told the tribunal how her employers gave her an ultimatum to perform the ceremonies or face dismissal for gross misconduct.
'I was being picked on a daily basis,' she said. She said she felt like she was being 'thrown before the lions', explaining: 'I hold the orthodox Christian view that marriage is the union of one man and one woman for life and this is the God-ordained place for sexual relations.
'It creates a problem for any Christian if they are expected to do or condone something that they see as sinful.'
Her nightmare began in 2004, when she realised that legislation permitting civil partnerships at town halls between gays or lesbians would require her to preside over the ceremonies.
Miss Ladele raised her concerns, but was ridiculed. Her boss, Helen Mendez-Child, said her stance was akin to a registrar refusing to marry a black person.
In 2006 Miss Ladele and another, unnamed, Christian colleague were accused of 'discriminating against the homosexual community'.
In May 2007, the council launched an internal disciplinary inquiry into Miss Ladele.
Four months later, she was told if she did not co-operate she would be sacked. She took the council to an employment tribunal, claiming discrimination, harassment and victimisation on the grounds of religion or beliefs.
Yesterday the Central London tribunal agreed she had been unfairly treated.
In its ruling, which could have implications for the administration of the 18,000 same-sex ceremonies conducted every year, the tribunal said: 'This is a situation where there is a conflict between two rights or freedoms. It is an important case, which may have a wider impact than the dispute between the parties.
'The tribunal accepts that it would be wrong for one set of rights to trump another.
'The evidence before the tribunal was that Islington Council rightly considered the importance of the right of the gay community not to be discriminated against but did not consider the right of Miss Ladele as a member of a religious group.
'Islington Council decided that the service it provided was secular and that the rights of the lesbian, gay, bisexual and transsexual community must be protected.
'In so acting, it took no notice of the rights of Miss Ladele by virtue of her orthodox Christian beliefs.'
Compensation will be decided in September. There is no limit to the amount that can be awarded for religious discrimination.
Last night employment lawyer Lisa Mayhew, of Jones Day, said: 'It is a bit of a wake-up call for employers.
'They need to think about whether their instructions and the tasks expected of staff might cause people with religious beliefs more problems than others.
'It does not have to be religion – this could apply across the spectrum in terms of race, gender or sexual orientation.'
But Ben Summerskill, of gay rights campaign group Stonewall, said: 'Public servants are paid by taxpayers to deliver public services.
'They shouldn't be able to pick and choose who they deliver those services to.'
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