religious liberty again

The Christian Institute are springing into action to ask for a judicial review of regulations which Peter Hain is overseeing in Northern Ireland, and which are due to come into force this New Year's Day. It's to do with outlawing discrimination in the provision of goods and services on the grounds of sexual orientation, which sounds awfully tolerant on the surface, but in common with a depressingly large number of pieces of legislation ("reforms") emanating from New Labour, it is so wide-ranging and loosely worded that it leaves itself wide open to abuse by anyone who might want to take advantage of its provisions.

Harrassment is defined in the regulations as conduct which creates "an intimidating, hostile, degrading, humiliating, or offensive environment" for another person on the grounds of their sexual orientation (Regulation 3(3)). Since most of us tend to prefer to avoid creating hostile and humiliating environments for anyone, regardless of their age, gender, race, and regardless of their particular lifestyle choices, this sounds great. But the trick is that an 'offensive environment' can be perceived or identified when no offence was intended, or at any rate on less than objective grounds, and this problem is only exacerbated in Regulation 52, where the burden of proof is reversed (such that a person accused of harrassment will have to prove their innocence). All this is explained in this (pdf) briefing from the Christian Institute.

Apparently exemptions are given for churches for some purposes, but according to the CI's press release, "the homosexual harassment provision is so broadly drafted that it nullifies what partial exemptions churches are given. A minister can say to a practising homosexual (as he would an adulterer), 'I'm sorry, you can't be a member of my church until you repent and turn to Christ,' but his explanation could be the subject of a harassment claim if the individual is offended."

Whether or not you have moral scruples about people's sexual orientation, this proposed legislation clearly goes way beyond protecting people from discrimination and harrassment and gives a privileged status to one particular aspect of a person's identity. It's hard to see how its provisions could be seen as in any way necessary, even for the group who are most obviously in mind as its beneficiaries, and in fact considering how it aims to eliminate even conversations on topics which could in some way be perceived as offensive, it's hard to see how it can even be seen as helpful.

Peter Hain isn't, from what I can gather, one of Northern Ireland's best loved Secretaries of State, and this illiberal, far-reaching, discriminatory piece of legislation (which was arrived at after a consultation period lasting all of 6 weeks), is hardly going to win him any favour. That's his problem I suppose (although we were reminded in church very recently that one of Paul's epistles to Timothy mandates the church to pray for all those in authority, so that we can all live quiet and peaceable lives in all godliness and honesty ...). You can also contribute to the CI's legal defence fund, if you are so minded: click here.