I've always said that a 'bishopric' is an occupational qualification, dear boy, not just the office name. |
The other two cases seem to me more fundamental as they touch on more
basic issues, to do with how our right to exercise our freedoms interferes with others’ rights to exercise theirs. In both cases, one involving a local
authority registrar, the other a sex therapist, the appellant had argued that
their employers’ insistence that they dealt with gay people infringed their
religious beliefs. Both were dismissed, in effect, for their breach of their
employers’ equalities policies. The court
was saying that the right of gay people to receive equal treatment outweighed
an individual’s right to follow their conscience, as shaped by their religious
beliefs.
My political philosophy courses (admittedly many years ago) led me to
accept, as fundamental requirements of a ‘free’ and civilised society, two
propositions:
- That any freedom of mine must be restricted the moment its exercise materially interferes with anyone else’s, and…
- …the law must apply equally to all – no-one is above the law.
Broadly speaking these ECHR judgements reinforce these principles. So where does that leave the Church of England
and its continued refusal to contemplate female bishops (admittedly only
because of the views of a handful of dinosaurs among the lay members of Synod)? At present it’s legal: UK law currently allows employers
to discriminate if the employment “is for the purposes of organised religion”
and a particular sexual orientation is necessary in order to comply with “the
doctrines of the religion” or to avoid conflict “with the strongly held
religious convictions of a significant number of the religion's followers”.
In the wake of the latest judgements from ECHR it’s possible of course
that the church’s position could be subject to a legal challenge. But since the C of E is the established church,
it’s not just a matter of legality. I see
no reasons why the law of the land should not apply equally to all
organisations, religious or otherwise (though I can also see the problems that
might create with other faiths and denominations – maybe the world isn’t ready
for Catholic priestesses or female Imams).
But the Church of England is in a special position. As the established church it sends bishops to
the Lords who are free to take part in and vote on legislation. It is surely
unacceptable that an organisation that is part of the law-making process can itself
operate above the law it helps to shape. In a democracy, no citizens should be above
the law. In a democracy, people are free
to believe what they wish, but they have a responsibility as citizens not to
act on beliefs which fail to treat others with equal concern and respect – and that
applies to the church and its female clergy.