This is an interesting story - one on which I’m not sure of my opinion.
A marriage registrar was harassed for refusing to conduct same-sex ceremonies, a tribunal has ruled.
Lillian Ladele, who said the civil partnership ceremonies went against her Christian faith, hailed the decision as a “victory for religious liberty”.
Brett over at Harry’s Place thinks this is a stupid decision, which sets a dangerous precedent. For an opposing view look to His Grace. For Stonewall’s response, see here.
As I said above, I’m not sure of my view on this. Whilst I disagree with Ladele’s beliefs that civil partnerships are ’sinful’, that’s not the relevant issue. The more important issue is whether the employment tribunal ruled correctly - is it reasonable for us to make these sort of provisions for people’s sincerely held religious beliefs?
If it is reasonable, then it’s important to make it clear that these are not distinctly religious ’special privileges’. If it’s reasonable for us to make provisions for religious people’s sincerely held ethical beliefs, then we ought also make provisions for non-religious people’s sincerely held ethical beliefs. So, if an atheist or agnostic didn’t want to perform civil partnerships, if we allow Ladele to not perform them, I can’t see a good reason to not give the hypothetical atheist or agnostic the same treatment. If that’s right, then this isn’t a case of giving the religious ’special privileges’ or anything like that. Instead, it’s taking people’s sincere (if misguided) ethical beliefs seriously and making provisions for them. I would tentatively say that that’s a good thing.
Of course, in some situations there may be excellent reasons why we should not make special provisions. Imagine if the council in question only hired one registrar (Ladele), and Ladele refused to perform civil partnership ceremonies. In that situation, accomating Ladele’s ethical beliefs would amount to an effective prohibition in that area on civil partnerships, and clearly that would be wrong. Or, suppose that whilst there are multiple registrars, finding a different one would be very costly to the council. If the cost were sufficiently high, then this would make accomodating Ladele unreasonable. I stress though, that these are tentative judgements of mine.
One of the arguments offered against this ruling is that it sets a dangerous precedent. Take Brett’s hypothethical race example.
The woman above is facing a dilemma. She went with her partner, who is white, to be married in a civil ceremony by a registrar employed by her local council.
The problem was that the registrar was a deeply religious man and, while he was happy to marry two black people, or two white people, believed that inter-racial marriage was forbidden by the Bible. (I’d like to avoid a theological discussion about whether this is or isn’t the case, since it isn’t the point.)
If we think that Ladele has been treated rightly, then I don’t think that there’s a relevant distinction between the Ladele case and Brett’s hypothetical one. As such, my thought on Brett’s case is broadly similar to the actual Ladele one. As I say in the comments over at Harry’s Place (7th comment):
If his (ridiculous in my view) beliefs can be accomodated reasonable (ie. finding another registrar doesn’t cost the council a lot of money, or any other important consideration) I think it’s probably a good thing that his beliefs can be respected. I imagine there probably is a cost consideration though. [...]
So yeah … I don’t take the race example as a decisive counterexample.
I think my tentative view that we should try and accomodate people’s sincerely held ethical beliefs (though there may be reasons that tell against this in particular circumstances) get round some of the criticisms. For example, Stonewall Chief Executive Ben Summerskill rightly says that:
It is clearly humiliating for a gay couple if they have an appointment with a registrar and halfway through the meeting she announces she is not going to preside over their special day because of her personal prejudice
But clearly, provided those who organise marriages aren’t complete idiots it isn’t necessary to have this sort of humiliating display. Any remotely competent bureaucrat would see that if there’s a civil partnership being asked for, you don’t assign the person who objects to civil partnerships to that particular task (if that’s possible). Nothing humiliating about that - the gay couple wouldn’t even have to know.
A stronger criticism (if successful) would be that of hero Peter Tatchell. He takes it that this ruling involves “a violation of human rights”. Clearly, human rights are of sufficient importance to tell against attempts to accommodate people’s sincere ethical beliefs. Tatchell’s criticism is clearly the right sort of criticism. Now, I’m no lawyer, so if this does in fact violate what the laws says our human rights are, then it does. I don’t know whether it does or not. But if we think not about what the law says our human rights are, but what they (morally) ought to be, I’m not sure that there is a human rights violation. If there is a human rights violation, which right is being violated? The gay couple would (rightly) still be able to get their civil partnership, so that can’t be the rights violation. Nor would they be subject to humiliation or anything like that.
Ought political liberals applaud this decision to accomodate someone’s sincerely held conception of the good? I’d very, very tentatively say yes.