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01 August 2013 / Jon Holbrook
Issue: 7571 / Categories: Opinion
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Odd one out

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Jon Holbrook fears the emergence of a disturbing new tort of intolerance

In recent years, a new cause of action has come to the fore that seeks to enforce intolerance. It gives rise to civil claims with very severe consequences, including the loss of a job. Recent defendants who have suffered this way include Lillian Ladele, the Islington registrar who refused to perform same sex registrations, Gary McFarlane, the counsellor who refused to give sex therapy to homosexuals, and Mr and Mrs Bull and Susanne Wilkinson, who refused to allow unmarried couples to share the same bed in their bed and breakfast establishments.

Non-conformist views

The tort of intolerance can be deployed against those who merely express non-conformist opinions. Dr Hans-Christian Raabe was sacked from his post as a government drugs adviser for having previously expressed anti-gay views in a paper entitled Gay marriage and Homosexuality: some medical comments.

Although the tort of intolerance is often crystallised by a clash between Christianity and homosexuality, other non-conformist beliefs can be targeted. When Arthur Redfearn’s membership

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Gibson Dunn—Richard Surtees

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Muckle LLP—Roland Fairlamb

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Specialist associate solicitor rejoins Muckle’s leading employment team

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