The Court of Appeal has today upheld a ruling which said two
hotel owners had directly discriminated against a gay couple.
The pair - Peter and Hazelmary Bull, who run the Chymorvah Private
Hotel in Marazion, Cornwall - made headlines when they refused to
accommodate gay couple Martyn Hall and his civil partner Steven
Preddy in September 2008.
The Equality and Human Rights Commission successfully defended the
appeal.
As reported by DIVA, the owners said that their hotel rule, based
on their Christian faith, was that no unmarried couples could share
a double room.
The Court of Appeal agreed with the County Court that the hotel's
rule directly discriminated against civil partners Preddy and
Hall.
The couple were treated differently because of their sexual
orientation as it is not possible for a gay couple to marry in
Britain.
In the appeal ruling the judges noted that both sides recognised
the strongly held views of the other, and the Commission went to
great lengths to reassure Mr and Mrs Bull that their beliefs were
not under question.
The judges took into consideration the fact that discrimination
law had changed and that Mr and Mrs Bull had been running their
hotel along Christian principles for decades. They noted the
owners' right to manifest their religion and protection from
religious discrimination.
However, the judges ruled that religious belief does not offer an
exemption from laws that everyone running a business has to
follow. Equality law already has exemptions for religious
organisations, which the court ruled the hotel was not.
The court dismissed the Bull's claim that their right to a private
life would be compromised by allowing gay couples to sleep in a
double room.
The Bulls could manifest their beliefs in many ways outside of
their business interests, including in their home which is separate
from the hotel.
John Wadham, Group Director Legal, Equality and Human Rights
Commission, said:
"I have genuine sympathy for Mr and Mrs Bull, as their
beliefs are clearly strongly held. We believe that this case will
help people to better understand the law around freedom of
religion. When offering a service, people cannot use their
beliefs - religious or otherwise - to discriminate against
others.
"As the discrimination ruling has been upheld, Mr Preddy and Mr
Hall are entitled to the compensation ordered by the County
Court. However, the Commission has no intention of enforcing
its entitlement to legal costs."
