The Court of Appeal has today upheld a ruling which said two hotel owners had directly discriminated against a gay couple.
The pair – Peter and Hazelmary Bull, who run the
Chymorvah Private Hotel in Marazion, Cornwall – made headlines when they refused to accommodate gay couple Martyn Hall
and his civil partner Steven Preddy in September 2008.
The Equality and Human Rights Commission successfully defended the appeal.
As reported by PinkPaper.com, the owners said that their hotel rule, based on their Christian faith, was that no unmarried couples could share a double room.
The Court of Appeal agreed with the County Court that the hotel’s rule directly discriminated against civil partners Preddy and Hall.
The couple were treated differently because of their sexual orientation as it is not possible for a gay couple to marry in Britain.
In the appeal ruling the judges noted that both sides recognised the strongly held views of the other, and the Commission went to great lengths to reassure Mr and Mrs Bull that their beliefs were not under question.
The judges took into consideration the fact that discrimination law had changed and that Mr and Mrs Bull had been running their hotel along Christian principles for decades. They noted the owners’ right to manifest their religion and protection from religious discrimination.
However, the judges ruled that religious belief does not offer an exemption from laws that everyone running a business has to follow. Equality law already has exemptions for religious organisations, which the court ruled the hotel was not.
The court dismissed the Bull’s claim that their right to a private life would be compromised by allowing gay couples to sleep in a double room.
The Bulls could manifest their beliefs in many ways outside of their business interests, including in their home which is separate from the hotel.
John Wadham, Group Director Legal, Equality and Human Rights Commission, said:
“I have genuine sympathy for Mr and Mrs Bull, as their beliefs are clearly strongly held. We believe that this case will help people to better understand the law around freedom of religion. When offering a service, people cannot use their beliefs – religious or otherwise – to discriminate against others.
“As the discrimination ruling has been upheld, Mr Preddy and Mr Hall are entitled to the compensation ordered by the County Court. However, the Commission has no intention of enforcing its entitlement to legal costs.”
