Category: law reports

Preddy and another v Bull and another [2012] EWCA Civ 83; [2012] WLR (D) 30

“By operating a policy of restricting occupancy of double-bedded rooms in their hotel to married couples, the defendants had discriminated directly against the claimant, a homosexual couple. The defendants’ policy, dictated by their religious belief that it was sinful for heterosexual or homosexual couples to have sexual relations outside marriage, was not protected under the Equality Act (Sexual Orientation) Regulations 2007 because the former could be married but the latter could not. The restriction was therefore absolute in relation to homosexuals but not in relation to heterosexuals, and constituted discrimination on grounds of sexual orientation. No individual was entitled to manifest his religious belief when and where he chose so as to obtain exemption in all circumstances from some legislative provisions of general application. Furthermore, by virtue of article 9(2 ) of the Convention for the Protection of Human Rights and Fundamental Freedoms, the right to manifest one’s own religious belief, as opposed to the right to hold it, was qualified by such ‘limitations as are prescribed by law and are necessary in a democratic society … for the protection of the rights and freedoms of others’ such as the claimants’ rights which were protected under the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 10th February 2012

Source: www.iclr.co.uk