Religious Freedom Update
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Headlines
Incitement to hatred on the grounds of sexuality
MPs have tabled an amendment to the proposed incitement to homophobic hatred law. The amendment reads:
“Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion of, criticism of or expressions of antipathy towards, conduct relating to a particular sexual orientation, or urging persons of a particular sexual orientation to refrain from or modify conduct relating to that orientation.”
This amendment is an attempt to ensure that freedom of speech is protected, so that Christians can continue to promote and protect a biblical stance on marriage, sexuality and relationships. This amendment is similar to the amendment which was passed as part of the incitement to religious hatred law.
The amendment has been signed by a cross-party group of MPs, consisting of Jim Dobbin, Ann Widdecombe, Alan Beith, David Taylor, Philip Hollobone and Colin Breed. It is in reaction to both Christians and others who are concerned about the effect this proposed law would have on freedom of speech
The amendment is expected to be voted upon on Wednesday 9th January. We would encourage you in the meantime to write to your MP urging them to attend and support this amendment. Details of how to contact your MP, and a template/suggested letter can be found below.
Links
Our submission on the proposed law
http://www.lawcf.org/index.asp?page=LCF+Submission+on+homosexual+hatred+proposal
Our previous update
http://www.lawcf.org/index.asp?page=Religious+Freedoms+Update
Writing to your MP
If you don’t know who your MP is, you can find out by using either of the links below:
Details of how to contact your MP in Parliament, by letter, email or phone, are available using the link below:
Template Letter
Dear
I am writing to you concerning the provision in the Criminal Justice and Immigration Bill which would make it an offence to incite hatred on the grounds of sexuality.
As you are aware there is great concern that this proposal would unnecessarily and unjustifiably curtail freedom of speech and freedom of religion. It is questionable whether such a provision is necessary when the criminal law already protects all people from violence and threat.
As a Christian I believe that we are commanded to love everybody, and therefore would not wish to incite hatred against anybody on any grounds. However, I am also concerned that this provision will have a chilling effect on freedom of speech whereby people will be afraid of falling foul of the law if they criticise different sexual practices or support a traditional biblical view of marriage and relationships.
When similar concerns were raised about the religious hatred proposals the law was amended to include a comprehensive provision protecting freedom of speech. In the same way, Christians and others who are concerned about free speech need assurance in the law that the expression of strong opinions on marriage and sexuality, which may offend, will not result in legal action against them.
For this reason I would ask you, as my representative, to support the amendment to the Bill that has been put forward by Jim Dobbin MP, Ann Widdecombe MP, Alan Beith MP, David Taylor MP, Philip Hollobone MP and Colin Breed MP. This amendment would give similar protection to freedom of speech as was given in the case of religious hatred, rather than the lesser protection which is present at the moment.
I understand the vote on the amendment is likely to take place on Wednesday 9th January, and I would urge you to attend and vote in favour of the amendment on that day.
Yours sincerely,
Government seeks to extend protection of transsexualism
The Government have now published the Sex Discrimination Act 1975 (Amendment) Regulations 2007. These regulations introduce discrimination and harassment laws that further threaten freedom of speech and freedom of religion in relation to transsexualism.
The regulations would make it illegal to discriminate against a transsexual in the provision of goods and services. This could mean a Christian doctor may not refuse to refer someone for a sex change operation, a Christian printer may not refuse to print a transsexual rights leaflet, and a Christian B&B owner may not refuse a double room to a male-to-female transsexual and another man.
The regulations also include a harassment clause, which could allow a transsexual to sue if they feel an “offensive environment” has been created. This is a very low threshold to meet and is particularly worrying. Equivalent harassment provisions were not included in either the religious discrimination regulations or the sexual orientation regulations because of a concern for freedom of speech.
There are ‘excluded matters’ which are not covered by the proposals, but these are drafted far too narrowly to adequately protect freedom of speech and religion. In order to be an excluded matter two tests must be satisfied:
The goods or services must be of a kind not normally provided on a commercial basis;
The activity must be at a place occupied or used for the purposes of organised religion.
Both of these must be satisfied for a matter to be excluded.
This means that the regulations would still apply to:
a church bookstall which sold books describing transsexualism as a sin, as selling books would be regarded as a commercial activity;
a pastor who visits a male-to-female transsexual and another man at their home to explain that he will not conduct their wedding ceremony, as the activity would take place outside a place used for organised religion
a Christian bookshop, which would fail both limbs of the test.
Whilst in most cases the regulations will not adversely affect Christians (Christian shop owners are happy to serve everyone, Christian doctors are happy to treat everyone, etc), there are areas where Christians would be forced to act against their conscience by promoting or facilitating the practice of transsexualism.
A vote on the regulations has been delayed until early in the New Year. Please take this opportunity to write to your MP explaining your concerns to them and asking them to oppose the regulations in their current form.
Links
The Sex Discrimination Act 1975 (Amendment) Regulations 2007
http://www.opsi.gov.uk/si/si2007/draft/pdf/ukdsi_9780110801285_en.pdf