Are gay men and lesbians to lose out on protection from discrimination? explains why we should all fight against the planned legislation which gives a green light to workplace homophobia.
Britain is on the brink of introducing legislation to outlaw employment discrimination on the grounds of sexual orientation, religious belief and age. This will come about if a new Draft European Directive that aims to combat discrimination in employment is agreed by the member states.
At first sight, the Directive seems like good news, but Baroness Blackstone told the Lords on 30 June that the Government wants lesbians and gays to make do with a voluntary code of practice. This would be toothless and ineffective.
Speaking for the Government, Lady Blackstone implied there is insufficient evidence of discrimination to justify statutory protection on grounds of sexuality, but Stonewall and the TUC have provided the Government with copious evidence of this.
Yet again, gays and lesbians are being brushed aside to appease Baroness Young and the Christian Institute which was criticised in the debate for raising “hysterical and misguided fears”.
Baroness Blackstone certainly didn’t need any assistance in providing alarmist examples to justify the Government’s dismissive stance on gays. She told the House: “... the employment directive might require religious organisations that believe that homosexual activity is wrong to open all jobs to practising homosexuals.
“The Government accepts that difference in treatment in such circumstances may be justifiable. It would be unacceptable, for example, for a teacher in a Catholic school to challenge openly the teachings of the Church on homosexuality.”
But surely, if employees work against their employers’ ethos – whether in church schools or in Marks & Spencers – they can be disciplined. No new law is needed.
Other worrying amendments the Government is proposing would allow religious organisations to discriminate against employees or potential employees who are non-believers, or whose “morals” they don’t approve of. So, if the Government succeeds in persuading other member states to adopt these amendments, it won’t just be gays who could soon find that jobs are a little harder to come by.
Religious organisations are major employers so these amendments would make discrimination lawful on an alarming scale. They would potentially affect all teachers and support staff in church schools (hugely subsidised by all taxpayers including you and me). Church schools educate several million children and account for one third of all maintained schools.
The Government’s amendments would also potentially disadvantage those working in other religious organisations, such as caring and welfare establishments. The Baroness was only too clear: “We shall press for amendments to the Directive to ensure that there is no question of religious organisations being forced to employ people who are not members of the relevant faith, because that would dilute the maintenance of a distinctive religious ethos.” But why should you have to be of the right faith to be a mathematics teacher, a janitor or a care worker?
So, should we keep quiet and let the Government sideline us? No. Write to your MP (ask your library or use the online Commons Locata if you do not know their name and address), or even better, talk to them at their surgery. You should also talk or write to the equality department at your union’s HQ. Also, write to the relevant Government minister, Ms Margaret Hodge MP, Department for Education and Employment, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.
Be polite and reasoned and write in your own words if you can. Tell them what discrimination you have suffered. Tell them what hopes you had for this Government supporting minorities. Tell them that no employer should be able to deny you a living just because you are gay (whether “practising” or not), or because you are not the “right kind” of religious believer. You should be entitled to your privacy, and a family life of your choosing. You should not have to hide your sexuality or beliefs to obtain or keep a job. Those best qualified for jobs should be the ones who deserve them, not just heterosexuals whose beliefs fit. Those who are prepared to lie about their sexuality or beliefs would be at an advantage compared with those who aren’t. The changes the Government proposes would adversely affect hundreds of thousands of people’s livelihoods.
Point out that gays are the principal target of many religious groups. Draw attention to the injustice of gays being denied statutory protection while the religious are given statutory protection – and their organisations given blanket exemption to discriminate against whomsoever they please.
Most important of all, tell the Government that gays need statutory protection and that religious organisations should not be given any more exemptions than the Directive already allows. Please do protest as soon as you can. Many of our futures will depend on it.
is General Secretary of the National Secular Society and also campaigns for the Gay and Lesbian Humanist Association. This article was first published in the Pink Paper on 11 August 2000 and appears here by kind permission of the author.