Source: (consider it)
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Thread: Human Rights and Religion - did the ECHR get it right?
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by Crœsos: quote: Originally posted by aumbry: Well if your employer (if you have one) makes some post contractual changes to your conditions of employment then I expect you will resign without further ado. It is no different than a nurse with strong catholic views being sacked because he or she is suddenly expected to undertake abortions when that was never part of her original remit. If individuals have to change their moral code for fear of losing their jobs because of employers who know full well that they are effectively changing the terms of their employment then that leads eventually to something like the Third Reich.
From this we gather:
- Replacing the 10 oz. cup with a 12 oz. cup ---> Hitler
- Tranfer to the East Side branch office ---> liquidating the ghettos
- New business cards with new logo ---> Reichstag fire
- Change in paid leave policy ---> Final Solution
Remember kids, if your present day of employment isn't exactly like the one before (and identical to every other day since you took the job) the jackbooted Stormtroopers are just around the corner. Don't say you weren't warned!
None of your examples is a moral decision. Why not take the example of the nurse required to take part in abortions as the point of argument? Or perhaps someone working in a nursing home who at some future date might be required to euthanise (sp?) a patient.
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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Marvin the Martian
Interplanetary
# 4360
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Posted
quote: Originally posted by aumbry: None of your examples is a moral decision. Why not take the example of the nurse required to take part in abortions as the point of argument? Or perhaps someone working in a nursing home who at some future date might be required to euthanise (sp?) a patient.
As you;re so keen to have previously-raised examples addressed, perhaps you;d like to answer the one Croesus raised?
-------------------- Hail Gallaxhar
Posts: 30100 | From: Adrift on a sea of surreality | Registered: Apr 2003
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Crœsos
Shipmate
# 238
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Posted
quote: Originally posted by aumbry: quote: Originally posted by Crœsos: From this we gather:
- Replacing the 10 oz. cup with a 12 oz. cup ---> Hitler
- Tranfer to the East Side branch office ---> liquidating the ghettos
- New business cards with new logo ---> Reichstag fire
- Change in paid leave policy ---> Final Solution
Remember kids, if your present day of employment isn't exactly like the one before (and identical to every other day since you took the job) the jackbooted Stormtroopers are just around the corner. Don't say you weren't warned!
None of your examples is a moral decision.
According to who? Your position is based on the idea that employees are able to substitute their own moral standards for company policy. Why shouldn't we take an employee seriously who claims that a 12 oz. cup is an abomination or that then new corporate logo is insulting to his faith?
I think your position can be summarized as "the law should accommodate my specific moral code, but not things which I personally don't consider to fall under the umbrella of morality". The big problem is that in most pluralisitic, Western societies government has given up the idea of maintaining a Department of Inquisition to patrol the limits of what is and is not a moral decision.
-------------------- Humani nil a me alienum puto
Posts: 10706 | From: Sardis, Lydia | Registered: May 2001
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by Marvin the Martian: quote: Originally posted by aumbry: None of your examples is a moral decision. Why not take the example of the nurse required to take part in abortions as the point of argument? Or perhaps someone working in a nursing home who at some future date might be required to euthanise (sp?) a patient.
As you;re so keen to have previously-raised examples addressed, perhaps you;d like to answer the one Croesus raised?
And why don't you administer the thread so that we don't have to suffer abuse from dicks like Mousethief?
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by Crœsos: quote: Originally posted by aumbry: quote: Originally posted by Crœsos: From this we gather:
- Replacing the 10 oz. cup with a 12 oz. cup ---> Hitler
- Tranfer to the East Side branch office ---> liquidating the ghettos
- New business cards with new logo ---> Reichstag fire
- Change in paid leave policy ---> Final Solution
Remember kids, if your present day of employment isn't exactly like the one before (and identical to every other day since you took the job) the jackbooted Stormtroopers are just around the corner. Don't say you weren't warned!
None of your examples is a moral decision.
According to who? Your position is based on the idea that employees are able to substitute their own moral standards for company policy. Why shouldn't we take an employee seriously who claims that a 12 oz. cup is an abomination or that then new corporate logo is insulting to his faith?
I think your position can be summarized as "the law should accommodate my specific moral code, but not things which I personally don't consider to fall under the umbrella of morality". The big problem is that in most pluralisitic, Western societies government has given up the idea of maintaining a Department of Inquisition to patrol the limits of what is and is not a moral decision.
Because whether you like it or not being against same sex unions is a moral standpoint - it is a standpoint taken by mainstream religions for instance. As far as I know the size of a cup is not. And in a pluralistic society it should be possible to make accommodations with people who do not share your particular moral standpoint without sacking them.
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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Marvin the Martian
Interplanetary
# 4360
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Posted
quote: Originally posted by aumbry: And why don't you administer the thread so that we don't have to suffer abuse from dicks like Mousethief?
Because I'm not a Host. Your turn to answer a question.
-------------------- Hail Gallaxhar
Posts: 30100 | From: Adrift on a sea of surreality | Registered: Apr 2003
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by Marvin the Martian: quote: Originally posted by aumbry: And why don't you administer the thread so that we don't have to suffer abuse from dicks like Mousethief?
Because I'm not a Host. Your turn to answer a question.
Sorry my mistake.
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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tclune
Shipmate
# 7959
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Posted
quote: Originally posted by aumbry: And why don't you administer the thread so that we don't have to suffer abuse from dicks like Mousethief?
Hostly Hat ON Aumbry, this is a personal attack. Your previous assertion that MT is a troll is also a violation of Ship rules. If you say anything at all of even a slightly similar sort, I will ask the Admins to give you shore leave. You're way out of line. I am now off to alert the Admins of my post to you.
--Tom Clune, Purgatory Host Hostly Hat OFF
-------------------- This space left blank intentionally.
Posts: 8013 | From: Western MA | Registered: Jul 2004
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by Crœsos: quote: Originally posted by aumbry: Well Karl you might be letting your employer off the hook if he changes your terms and conditions of employment without your agreement. Why should you be expected to do something you find morally irksome if it was never part of your original contract?
I'm not sure an individual employee should be allowed to dictate terms like that. For instance, say you were hired as a waitress at a "Whites Only" lunch counter in the late 1950s. A few years later public pressure forces your employer to reverse this policy and racially integrate, allowing all races to be served at your luncheonette. Is the employer obligated open a second, still "Whites Only" counter to accommodate its employees who find integration "morally irksome"? Just allow individual employees to only serve white customers, undercutting the new company policy? From the company's perspective the job hasn't changed (serving food), though some employees would say that it has (serving food to non-whites). I'm not seeing a way that an accommodation could be made in a case like that without drastically undercutting the employer's ability to run his business.
But what would be the moral grounds for not serving a non-white person?
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by mousethief: quote: Originally posted by aumbry: quote: Originally posted by mousethief: quote: Originally posted by aumbry: that leads eventually to something like the Third Reich.
You lose. Thanks for playing. There's the door.
Can you never resist dumb one-liners?
Against asinine, fucked-up, stupid comments like yours? Probably not.
And that is not a personal attack?
Well after a decade this is the last ever post I make to this website. If you cannot administer it without partiality it does not deserve the time of day.
You can ban me for life for all I care.
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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tclune
Shipmate
# 7959
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Posted
quote: Originally posted by aumbry: quote: Originally posted by mousethief: quote: Originally posted by aumbry: quote: Originally posted by mousethief: quote: Originally posted by aumbry: that leads eventually to something like the Third Reich.
You lose. Thanks for playing. There's the door.
Can you never resist dumb one-liners?
Against asinine, fucked-up, stupid comments like yours? Probably not.
And that is not a personal attack?
Well after a decade this is the last ever post I make to this website. If you cannot administer it without partiality it does not deserve the time of day.
You can ban me for life for all I care.
Hostly Hat ON Aumbry, you are not a newbie. You know full well that all discussion of hostly matters is confined to Styx. STOP THIS CRAP NOW.
--Tom Clune, Purgatory Host Hostly Hat OFF
-------------------- This space left blank intentionally.
Posts: 8013 | From: Western MA | Registered: Jul 2004
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Crœsos
Shipmate
# 238
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Posted
quote: Originally posted by aumbry: quote: Originally posted by Crœsos: I'm not sure an individual employee should be allowed to dictate terms like that. For instance, say you were hired as a waitress at a "Whites Only" lunch counter in the late 1950s. A few years later public pressure forces your employer to reverse this policy and racially integrate, allowing all races to be served at your luncheonette. Is the employer obligated open a second, still "Whites Only" counter to accommodate its employees who find integration "morally irksome"? Just allow individual employees to only serve white customers, undercutting the new company policy? From the company's perspective the job hasn't changed (serving food), though some employees would say that it has (serving food to non-whites). I'm not seeing a way that an accommodation could be made in a case like that without drastically undercutting the employer's ability to run his business.
But what would be the moral grounds for not serving a non-white person?
That the mixing of the races, even in a social setting, is immoral. It was a widely held belief in certain parts of the U.S. during the early and mid-twentieth century. Certain denominations even gave this division religious significance.
You seem to be thinking that there should be some kind of distinction under law for real morality (i.e. your own) and fake moral posturing (i.e. everyone else's moral code).
-------------------- Humani nil a me alienum puto
Posts: 10706 | From: Sardis, Lydia | Registered: May 2001
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quetzalcoatl
Shipmate
# 16740
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Posted
It's not just about moral viewpoints, in any case. It's about illegal actions. You can't go around saying, oh well, I won't serve those people because they're black/female/gay. Employers have to comply with such laws - they can't make excuses for racist/misogynistic/homophobic employees.
"I don't want to serve black people, as it's against my convictions".
"That's fine, we'll just set up a 'whites only' section just for you."
Eh?
-------------------- I can't talk to you today; I talked to two people yesterday.
Posts: 9878 | From: UK | Registered: Oct 2011
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aumbry
Shipmate
# 436
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Posted
quote: Originally posted by tclune: quote: Originally posted by aumbry: quote: Originally posted by mousethief: quote: Originally posted by aumbry: quote: Originally posted by mousethief: quote: Originally posted by aumbry: that leads eventually to something like the Third Reich.
You lose. Thanks for playing. There's the door.
Can you never resist dumb one-liners?
Against asinine, fucked-up, stupid comments like yours? Probably not.
And that is not a personal attack?
Well after a decade this is the last ever post I make to this website. If you cannot administer it without partiality it does not deserve the time of day.
You can ban me for life for all I care.
Hostly Hat ON Aumbry, you are not a newbie. You know full well that all discussion of hostly matters is confined to Styx. STOP THIS CRAP NOW.
--Tom Clune, Purgatory Host Hostly Hat OFF
Thank you to everyone who makes the effort of a good argument. And goodbye for ever.
Posts: 3869 | From: Quedlinburg | Registered: Jun 2001
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quetzalcoatl
Shipmate
# 16740
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Posted
What interests me about this, is that some Christians obviously feel that they should be able to break the law. Well, I think sometimes that is justifiable, but it is normally in extreme conditions, isn't it? - one might think for example of the attempted assassination of Hitler, or sheltering Jews in Germany, both of which Christians may have agreed with.
But that seems rather a long way from refusing to counsel gay clients, or do a civil partnership.
-------------------- I can't talk to you today; I talked to two people yesterday.
Posts: 9878 | From: UK | Registered: Oct 2011
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Boogie
Boogie on down!
# 13538
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Posted
What bothers me is that they make the decision to break the law, for no good reason, then cry 'persecution' when called on it.
-------------------- Garden. Room. Walk
Posts: 13030 | From: Boogie Wonderland | Registered: Mar 2008
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quetzalcoatl
Shipmate
# 16740
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Posted
Well, their right to discriminate has been oppressed.
-------------------- I can't talk to you today; I talked to two people yesterday.
Posts: 9878 | From: UK | Registered: Oct 2011
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The Great Gumby
Ship's Brain Surgeon
# 10989
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Posted
quote: Originally posted by Evangeline: The very fact that BA has wasted so much time and resources on trying to stop this woman wearing a cross outside her uniform is, actually outrageous and persuades me that there is something to Eweida's claims. I know Eweida was funded by a Christian lobby group and she and they were pushing this all the way but I would have thought that BA might have had a bit more smarts about them.
I'm going to come back to this one, because it's wrong by 180 degrees. BA in fact put a lot of time and resources into reviewing and then amending their uniform policy, following Ms Eweida's complaint.
After working for two years without any problem with the policy, she complained, and they agreed a working arrangement while they reviewed the policy (when it must have been tempting to tell her where to get off). Then she started deliberately ignoring that arrangement, so she was offered non-uniform roles at the same pay while the grievance and review were ongoing (again, a remarkably generous offer to a difficult and deliberately provocative employee). She refused those offers, and instead chose to go on unpaid leave. Finally, BA decided after review that their policy could be relaxed to permit her to wear a small cross.
That was all years ago. The time and resources that have been spent were entirely down to Ms Eweida attempting to make a big deal out of this and suing for the loss of earnings when she refused perfectly reasonable equivalents while policy was reviewed, despite receiving a number of donations (more than she would have earned over the period, according to the ECHR judges) thanks to all the publicity. If anyone was dragging this out, it wasn't BA.
And the greatest travesty is that BA's careful and considered accommodation of such an obstructive employee was then held against them as evidence that their existing policy was discriminatory.
To be honest, I thought Lilian Ladele had a better case. She could genuinely claim to have suffered a fundamental change in her job which conflicted with her conscience, with no equivalent accommodation for her beliefs. Whether she should have won is another matter, but she definitely had the best case of the four. The law is an ass.
-------------------- The first principle is that you must not fool yourself, and you are the easiest person to fool. - Richard Feynman
A letter to my son about death
Posts: 5382 | From: Home for shot clergy spouses | Registered: Feb 2006
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Enoch
Shipmate
# 14322
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Posted
quote: Originally posted by quetzalcoatl: What interests me about this, is that some Christians obviously feel that they should be able to break the law. ...
No. None of these instances was about them insisting on being entitled to break the law. They are about whether there are, or should be, any limits to an employer's rights to order an employee to go against their own conscience or religion, and to sack them if they don't comply i.e. when at work, does a servant have any title to his or her conscience or is it solely at their master's behest?
-------------------- Brexit wrexit - Sir Graham Watson
Posts: 7610 | From: Bristol UK(was European Green Capital 2015, now Ljubljana) | Registered: Nov 2008
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Marvin the Martian
Interplanetary
# 4360
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Posted
quote: Originally posted by Enoch: None of these instances was about them insisting on being entitled to break the law.
Discriminating against people by refusing to provide a public service to them because of their sexuality is against the law.
-------------------- Hail Gallaxhar
Posts: 30100 | From: Adrift on a sea of surreality | Registered: Apr 2003
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orfeo
Ship's Musical Counterpoint
# 13878
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Posted
quote: Originally posted by Enoch: quote: Originally posted by quetzalcoatl: What interests me about this, is that some Christians obviously feel that they should be able to break the law. ...
No. None of these instances was about them insisting on being entitled to break the law. They are about whether there are, or should be, any limits to an employer's rights to order an employee to go against their own conscience or religion, and to sack them if they don't comply i.e. when at work, does a servant have any title to his or her conscience or is it solely at their master's behest?
I can understand how the issues to do with same-sex couples might be about going against conscience or religion, but I completely fail to see how any Christian could argue that wearing a cross is such a matter of faith that being unable to wear it is actually going to cause some kind of moral crisis or involve going against God's teachings.
-------------------- Technology has brought us all closer together. Turns out a lot of the people you meet as a result are complete idiots.
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Matt Black
Shipmate
# 2210
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Posted
Indeed; my Exclusive Brethren in-laws would be aghast at the suggestion that a Christian would wear a cross; such a thing would be akin to idolatry for them. So there's hardly a Christian consensus on the issue...
-------------------- "Protestant and Reformed, according to the Tradition of the ancient Catholic Church" - + John Cosin (1594-1672)
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The Great Gumby
Ship's Brain Surgeon
# 10989
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Posted
No, there isn't a Christian consensus, but then there isn't on anything, including the relevant subject of gay marriage. Bizarre, unorthodox and even heretical religious beliefs should have as much right to be considered as any others. If people believe they must wear a cross as part of their religious beliefs, that belief should be respected.
And then they should lose their cases because their beliefs don't get to override health and safety, infection control and uniform policy.
-------------------- The first principle is that you must not fool yourself, and you are the easiest person to fool. - Richard Feynman
A letter to my son about death
Posts: 5382 | From: Home for shot clergy spouses | Registered: Feb 2006
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quetzalcoatl
Shipmate
# 16740
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Posted
quote: Originally posted by Enoch: quote: Originally posted by quetzalcoatl: What interests me about this, is that some Christians obviously feel that they should be able to break the law. ...
No. None of these instances was about them insisting on being entitled to break the law. They are about whether there are, or should be, any limits to an employer's rights to order an employee to go against their own conscience or religion, and to sack them if they don't comply i.e. when at work, does a servant have any title to his or her conscience or is it solely at their master's behest?
Surely, neither registrars nor counsellors are entitled to discriminate against gays? Nor against black people, or women.
I believe the relevant legislation is known elegantly as Equality Act (Sexual Orientation) Regulations.
It outlaws discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.
-------------------- I can't talk to you today; I talked to two people yesterday.
Posts: 9878 | From: UK | Registered: Oct 2011
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Ricardus
Shipmate
# 8757
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Posted
TGG -
Indeed. Part of the ruling states that courts can't be expected to rule on theological matters. So if a Muslim says her faith requires her to wear the hijab, it's no defence to cite another Muslim who thinks it's unnecessary. quote: Originally posted by Enoch: They are about whether there are, or should be, any limits to an employer's rights to order an employee to go against their own conscience or religion
Surely those limits are set out in the employee's contract of employment? An employer, at least in theory, can't oblige an employee to do something that they aren't contractually supposed to do. Conversely, signing a contract of employment where the job description includes X rather implies you have no conscientious objection to X. [ 25. January 2013, 11:37: Message edited by: Ricardus ]
-------------------- Then the dog ran before, and coming as if he had brought the news, shewed his joy by his fawning and wagging his tail. -- Tobit 11:9 (Douai-Rheims)
Posts: 7247 | From: Liverpool, UK | Registered: Nov 2004
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The Great Gumby
Ship's Brain Surgeon
# 10989
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Posted
quote: Originally posted by Ricardus: quote: Originally posted by Enoch: They are about whether there are, or should be, any limits to an employer's rights to order an employee to go against their own conscience or religion
Surely those limits are set out in the employee's contract of employment? An employer, at least in theory, can't oblige an employee to do something that they aren't contractually supposed to do. Conversely, signing a contract of employment where the job description includes X rather implies you have no conscientious objection to X.
Which is where Lilian Ladele comes in. In her case, the contract didn't change, but the nature of the work did, as a result of new legislation.
-------------------- The first principle is that you must not fool yourself, and you are the easiest person to fool. - Richard Feynman
A letter to my son about death
Posts: 5382 | From: Home for shot clergy spouses | Registered: Feb 2006
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The Man with a Stick
Shipmate
# 12664
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Posted
quote: Originally posted by quetzalcoatl: Surely, neither registrars nor counsellors are entitled to discriminate against gays? Nor against black people, or women.
I believe the relevant legislation is known elegantly as Equality Act (Sexual Orientation) Regulations.
It outlaws discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.
I'd disagree. The legal obligation is on the Council as service provider not to discriminate in the provision of services etc, not the individual member of staff. Islington could have structured their staffing rotas to prevent her having to act against her conscience. Or, they could have decided not to discipline her when they found out she had been (discreetly) rearranging her own shifts with colleagues to the same end.
There's little to suggest, to my mind, that the Council's service to the community would have been materially affected by allowing one of their Registrars not to officiate at CP Ceremonies.
And that's before you even get to whether the Council really had the right to unilaterally amend her job description by registering her (without consent) as a CP Registrar. If I'd been advising Ladele, I would have resigned there and then, followed by a Constructive Dismissal suit.
Posts: 335 | From: UK | Registered: May 2007
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Matt Black
Shipmate
# 2210
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Posted
But was her contract amended in that way? Or what it simply the case that she was obliged by the contract to issue licences for marriage which the law change then extended to include CPs?
-------------------- "Protestant and Reformed, according to the Tradition of the ancient Catholic Church" - + John Cosin (1594-1672)
Posts: 14304 | From: Hampshire, UK | Registered: Jan 2002
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The Man with a Stick
Shipmate
# 12664
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Posted
quote: Originally posted by Matt Black: But was her contract amended in that way? Or what it simply the case that she was obliged by the contract to issue licences for marriage which the law change then extended to include CPs?
The Register of Registrars for CPs is a separate register from those for Civil Marriages. Islington had to make a specific application for her (and all her colleagues) to be designated as CP Registrars.
Posts: 335 | From: UK | Registered: May 2007
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Marvin the Martian
Interplanetary
# 4360
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Posted
quote: Originally posted by The Great Gumby: Which is where Lilian Ladele comes in. In her case, the contract didn't change, but the nature of the work did, as a result of new legislation.
In which case we're right back at Croesos' earlier question:
quote: Originally posted by Crœsos: I'm not sure an individual employee should be allowed to dictate terms like that. For instance, say you were hired as a waitress at a "Whites Only" lunch counter in the late 1950s. A few years later public pressure forces your employer to reverse this policy and racially integrate, allowing all races to be served at your luncheonette. Is the employer obligated open a second, still "Whites Only" counter to accommodate its employees who find integration "morally irksome"? Just allow individual employees to only serve white customers, undercutting the new company policy? From the company's perspective the job hasn't changed (serving food), though some employees would say that it has (serving food to non-whites). I'm not seeing a way that an accommodation could be made in a case like that without drastically undercutting the employer's ability to run his business.
[ 25. January 2013, 14:02: Message edited by: Marvin the Martian ]
-------------------- Hail Gallaxhar
Posts: 30100 | From: Adrift on a sea of surreality | Registered: Apr 2003
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Ricardus
Shipmate
# 8757
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Posted
The thing is the ECHR wasn't asked to rule on whether Ladele had been asked to perform duties that weren't in her job description. ISTM plausible that such a complaint would have succeeded - although there's no way of telling without seeing her job description - but it's not the ECHR's fault that it didn't support her when it wasn't asked to.
Marvin - in that particular example, assuming a.) the employee's contract specifically states she's only obliged to serve whites, b.) there's no anti-discrimination statute that would rule such a clause unlawful, and c.) the employer wasn't smart enough to add an 'any other duties that might reasonably arise' boilerplate clause into her contract, then yes, she shouldn't be contractually obliged to serve blacks (regardless of the morality of the situation), and if that undermines the owner's business, then that's his fault for drawing up the terms of her contract in that way.
-------------------- Then the dog ran before, and coming as if he had brought the news, shewed his joy by his fawning and wagging his tail. -- Tobit 11:9 (Douai-Rheims)
Posts: 7247 | From: Liverpool, UK | Registered: Nov 2004
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Marvin the Martian
Interplanetary
# 4360
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Posted
quote: Originally posted by Ricardus: The thing is the ECHR wasn't asked to rule on whether Ladele had been asked to perform duties that weren't in her job description.
Her job as a registrar was to officiate at marriage ceremonies. That has not changed.
quote: Marvin - in that particular example, assuming a.) the employee's contract specifically states she's only obliged to serve whites, b.) there's no anti-discrimination statute that would rule such a clause unlawful, and c.) the employer wasn't smart enough to add an 'any other duties that might reasonably arise' boilerplate clause into her contract, then yes, she shouldn't be contractually obliged to serve blacks (regardless of the morality of the situation), and if that undermines the owner's business, then that's his fault for drawing up the terms of her contract in that way.
(a) misses the point. No contract back then would have specifically said "whites only", because that was just understood. Similarly, no registrar contract from a few decades ago would say "opposite-sex only", because that was understood.
Besides which, such contractual absolution from serving those one has a moral aversion to is as far as I am aware illegal, regardless of when the contracts would have been drawn up.
-------------------- Hail Gallaxhar
Posts: 30100 | From: Adrift on a sea of surreality | Registered: Apr 2003
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Ricardus
Shipmate
# 8757
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Posted
quote: Originally posted by Marvin the Martian: Her job as a registrar was to officiate at marriage ceremonies. That has not changed.
Yes. But, legally, civil partnerships are not marriage ceremonies. See The Man with a Stick's comments above.
quote: (a) misses the point. No contract back then would have specifically said "whites only", because that was just understood. Similarly, no registrar contract from a few decades ago would say "opposite-sex only", because that was understood.
Legally, marriages still are opposite-sex only.
If same-sex marriage becomes lawful - as I hope it will - then you will be correct. As it stands, it appears Ms Ladele was asked to perform what is legally a distinct ceremony from the one she originally signed up to do. I say 'it appears' because it's possible her contract was sufficiently flaccidly worded to cover civil partnerships. [ 25. January 2013, 15:26: Message edited by: Ricardus ]
-------------------- Then the dog ran before, and coming as if he had brought the news, shewed his joy by his fawning and wagging his tail. -- Tobit 11:9 (Douai-Rheims)
Posts: 7247 | From: Liverpool, UK | Registered: Nov 2004
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The Great Gumby
Ship's Brain Surgeon
# 10989
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Posted
quote: Originally posted by Ricardus: Marvin - in that particular example, assuming a.) the employee's contract specifically states she's only obliged to serve whites, b.) there's no anti-discrimination statute that would rule such a clause unlawful, and c.) the employer wasn't smart enough to add an 'any other duties that might reasonably arise' boilerplate clause into her contract, then yes, she shouldn't be contractually obliged to serve blacks (regardless of the morality of the situation), and if that undermines the owner's business, then that's his fault for drawing up the terms of her contract in that way.
I have some difficulty with point c, because it stands or falls on the "reasonable man" test, which is treacherous legal ground at the best of times. What one person might consider reasonable (it's still marrying two people) others might consider entirely unreasonable, not to mention an abomination.
I find Ms Ladele's views deeply unpleasant and prejudiced, and I have no particular desire for her to win her case, but the plain fact that her job changed in a way that she (and many others) considered highly significant made her case the strongest of the four, IMO.
-------------------- The first principle is that you must not fool yourself, and you are the easiest person to fool. - Richard Feynman
A letter to my son about death
Posts: 5382 | From: Home for shot clergy spouses | Registered: Feb 2006
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Boogie
Boogie on down!
# 13538
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Posted
quote: Originally posted by quetzalcoatl: Surely, neither registrars nor counsellors are entitled to discriminate against gays? Nor against black people, or women.
I believe the relevant legislation is known elegantly as Equality Act (Sexual Orientation) Regulations.
It outlaws discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.
Odd, isn't it, that Churches are allowed to do exactly that?
-------------------- Garden. Room. Walk
Posts: 13030 | From: Boogie Wonderland | Registered: Mar 2008
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