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Gay Marriage Trumps Freedom of Conscience in European Court

Gay Marriage Trumps Freedom of Conscience in European Court

Last updated on: February 8, 2017 at 10:14 pm by Rebecca Hamilton

Gay Marriage Trumps Freedom of Conscience in European Court 2017-02-08T22:14:22-07:00 Rebecca Hamilton

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Standing Against Christian Persecution

Gay marriage trumped freedom of conscience in the European Court of Human Rights yesterday.

The Court handed down rulings on four contentious cases which had been brought before it by British citizens. In three of the cases, it ruled with the British government and against the citizens.

Here’s how it went:

British airways employee Nadia Ewelda won the right to wear a cross around her neck to work without being fired. Part of the reasoning was that other British Airways employees were allowed to wear religious symbols of other faiths, including turbans and scarves.

A British nurse lost the right to wear a cross around her neck to work. The Court based this ruling on the idea that the cross might somehow pose a job hazard by accidentally touching an open wound or something.

Two other British citizens, a registrar and a relationship counselor, lost their cases. They had been fired for refusing, on the basis of their religious beliefs, to participate in civil partnership ceremonies for gay couples.

Religious groups are hailing these rulings as “victories,” based on the lone case that allowed a flight attendant to wear a cross to work. This which confounds me. Christians consistently lose in the courts, as the many atheists who buzz by this blog every time I write on the subject try to remind us, and I think these rulings are no exception to that.

One of the things that struck me about these rulings is that they were so specific. Evidently, the European Court of Human Rights does not rule on broad issues of law in the same manner that our Supreme Court does. These rulings were basically, “We uphold this case, but not this.” If the court ruled on principles of law rather than just the specific cases, it didn’t come through in the news stories I read.

I’m not sure what that means in terms of the scope of these rulings. If these truly are specific rulings on specific cases and not on broad points of law, then that could be significant in terms of impact. I’m not saying that’s how it is. I don’t know.

I may not understand the scope of these rulings, but I do know that they were not a “victory” for Christians or freedom of conscience. I also think they were a harbinger of what’s to come for all of us.

Advocates of gay marriage here in the United States are quick to say that re-writing the legal definition of marriage will not impact religious liberty, that no one will be forced to perform gay marriages if it is against their conscience. This clearly flies in the face of the collective experience throughout the Western world.

So far as I know, in every country that has legalized gay marriage, or, as in the case with this ruling, civil partnerships, it is just a matter of time, and usually not much time, before people are losing their jobs because they do not want to participate in performing these marriages.

The Los Angeles Times article describing these court cases reads in part:

By Emily Alpert
January 15, 2013, 1:14 p.m.
A Christian employee was wronged when British Airways insisted she remove the small cross she wore around her neck, the European Court of Human Rights ruled Tuesday.

But judges rejected claims by three other British Christians who claimed they had been discriminated against in the workplace, including two who had refused to provide their services to couples of the same sex.

Religious freedom is “one of the foundations of pluralistic, democratic societies,” the European court wrote, but religious freedom can nonetheless be restricted where it “impinges on the rights of others.”

Judges decided 5-2 in favor of Nadia Eweida, who was sent home without pay for violating the British Airways uniform code more than six years ago. At the time, its rules banned any visible jewelry. Eweida returned to work several months later after the company changed its policies, but continued to press her case against the British government for failing to protect her freedom of religion.

The European court found that British courts had failed to strike a fair balance between her rights and British Airways’ wish to “project a certain corporate image.” Other employees had already been allowed to wear other kinds of religious apparel, including turbans and head scarves, without any impact on the British Airways brand, it added. The court ordered the British government to award Eweida more than $2,600 in damages and $40,000 for expenses.

“I feel vindicated, that Christians have been vindicated, both here and in Europe as well,” Eweida told the BBC after the decision was issued, a cross visible around her neck.

Prime Minister David Cameron tweeted that he was “delighted” by Tuesday’s decision, a rare bit of British government praise for the European court. The ruling was also cheered by rights groups.

“Nadia Eweida wasn’t hurting anyone and was perfectly capable of doing her job whilst wearing a small cross,” said Shami Chakrabarti, director of the civil liberties group Liberty. “British courts lost their way in her case and Strasbourg has actually acted more in keeping with our traditions of tolerance.”

Religious conservatives were also pleased Eweida had triumphed, but their enthusiasm was dampened by the fact that the European judges turned down the three other discrimination claims. Although it sided with Eweida, the court said a British hospital was justified in barring a nurse from wearing a crucifix because it could touch an open wound or a patient might pull on it. Protecting health and safety were more weighty reasons to ban the cross than buffing a corporate image, it concluded.

Judges also rejected the claims of a relationship counselor and a former registrar who balked at providing their services to same-sex couples. The counselor was fired for violating company policies that he had agreed to; the registrar was disciplined and warned that if she did not perform civil partnerships, she would be terminated.

Christian groups argued that other registrars could have performed the service. “What this case shows is that Christians with traditional beliefs about marriage are at risk of being left out in the cold,” said Mike Judge, spokesman for the Christian Institute, in a statement Tuesday. (Read more here.)

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