Registrars Can Be Required to Perform Civil Partnerships

The Court of Appeal has ruled that a Christian registrar who was dismissed for refusing to perform civil partnership ceremonies was not discriminated against.

Lillian Ladele worked for the London Borough of Islington, which had designated all its registrars as civil partnership registrars. The decision to do so was seen as being consistent with its commitment to fighting discrimination. However, Ms Ladele refused to perform the ceremonies because to do so was contrary to her religious beliefs. When told that she must do so, she brought a claim against her employer for direct and indirect religious discrimination. The Employment Tribunal found in her favour but this decision was overturned by the Employment Appeal Tribunal (EAT).

Concurring with the EAT, the Court of Appeal judge found that Ms Ladele’s employer had little choice but to insist that she perform civil partnership ceremonies. Under the Equality Act (Sexual Orientation) Regulations 2007, it is against the law to discriminate against someone by refusing to provide goods, facilities or services on the ground of their sexual orientation.

In dismissing Ms Ladele’s appeal, Lord Neuberger said, “It appears to me that, however much sympathy one may have with someone such as Ms Ladele, who is faced with choosing between giving up a post she plainly appreciates or officiating at events which she considers to be contrary to her religious beliefs, the legislature has decided that the requirements of a modern liberal democracy, such as the United Kingdom, include outlawing discrimination in the provision of goods, facilities and services on grounds of sexual orientation, subject only to very limited exceptions.”

It was noted by the Court that had Ms Ladele’s employer chosen not to make her a designated civil partnership registrar, the situation could have been avoided. This is believed to be what has happened at some register offices in order to avoid problems where employees with strong religious beliefs have been unwilling to conduct civil partnership ceremonies. In the Court’s view, such action on behalf of an employer would be unlikely to fall foul of the 2007 Regulations.

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