The Christian Institute

Major Government U-turn over
churches' employment freedom

Churches are being squeezed into a secular mould

	Parliament:
	The House of Lords debate.

At a late stage, the Government has decided to introduce significant protections for religious groups into the new employment regulations on sexual orientation. These protections will help preserve many of the existing freedoms for churches.
The original draft regulations on sexual orientation made it illegal for a church to refuse to employ a practising homosexual. This proposal has now been abandoned – much to the outrage of ‘gay rights’ groups.

The original draft regulations on the separate issue of religion made it illegal for a church to dismiss a member of staff who abandoned his faith. The Government has also done a U-turn on this proposal.

These are very significant changes.

‘Gay rights’ groups have expressed outrage that churches have been allowed to hold on to their right to dismiss staff for homosexual immorality. The Liberal Democrat Peer, Lord Lester moved a motion in the House of Lords calling for the protections for churches to be removed. This motion was defeated on 17 June when the Lords debated the regulations. The Commons also discussed the regulations on the same day and again approved the religious exemptions.

While the Government has accepted the need to protect the freedom of religious groups in some areas, in other areas no progress has been made. For example, under the regulations it is now much easier for church staff who renounce their Christian faith to claim ‘harassment’ if the church seeks to counsel them or exercise discipline. Such an employee could take legal action on these grounds. This is clear interference into the internal affairs of churches.

Biblical teaching is that all sex outside of marriage is wrong. This includes sex before marriage (fornication), adultery and homosexual sexual activity. (See for example Exodus 20: 14; Romans 1: 24-27; 1 Corinthians 6: 9 –10; Ephesians 5:3).

The regulations create conflict with Christian belief because they protect homosexual immorality. Under the original proposals it would have been lawful for a church to dismiss a youth worker who left his wife for another woman, but unlawful if he left her for another man. This was a ridiculous position. Thankfully this position has now changed in the final regulations which have been passed by Parliament.
The Government’s regulations implement the European Employment Directive. The Government did not need to agree to the Directive in 2000, but it did so. The Directive gives special employment rights to homosexuals. For the first time it opens the door to litigation against churches and Christian organisations for employing Christian staff.

It remains the case that the regulations are a completely unjustified encroachment on religious liberties. But we must thank God for his mercy that significant extra protections have been put into the final regulations. Undoubtedly the prayers, and the actions, of many thousands of Christians have been worthwhile.