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25 October 2013 / Robert Wintemute
Issue: 7581 / Categories: Features , Public , Human rights
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Smug marrieds?

Does the “married couples only” rule count as direct or indirect discrimination asks Robert Wintemute

 

On 9 October, the Supreme Court heard an appeal from the decision in Bull & Bull v Hall & Preddy [2012] EWCA Civ 83, in which the Christian owners of a hotel refused a double-bedded room to a same-sex couple, two men who were civil partners, because they were not married. The most interesting issue for the Supreme Court is not whether Art 9 of the European Convention on Human Rights and s 3(1) of the Human Rights Act 1998 entitle Mr and Mrs Bull to have a religious exemption read into the Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263), which expressly prohibit discrimination based on sexual orientation in access to services, including accommodation in a hotel. The European Court of Human Rights (ECtHR) made it clear in Eweida & Others v United Kingdom [2013] ECHR 37 that Art 9, whether taken alone or combined with Art 14, does not require exemptions from anti-discrimination legislation for religious individuals

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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