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The question is how quickly the law should move in formalising this change in our culture. The Government’s sexual orientation regulations (Sors), the subject of heated debate in the Lords yesterday, are designed to outlaw discrimination against homosexuals and transsexuals — in Northern Ireland and eventually, it is assumed, throughout Britain. Rarely have Christian, Muslim and Jewish groups been so stridently united as they were yesterday, in arguing that the law has already gone far enough. They fear that further attempts to appease a gay minority will disciminate against religious ones.
It is still part of the faith of some Christians, Muslims and Jews that homosexuality is a sinful practice. It is natural that some followers will regard that belief as practical guidance for living. But in claiming that worshippers will be cast “back into slavery” by new gay rights, some black church leaders have gone too far. The Roman Catholic Archbishop of Birmingham has accused the Government of an “aggressive reshaping of our moral framework”. But the desire to stamp out discrimination reflects a new moral framework that society has been fashioning gradually over decades.
Religious beliefs should be respected. But it does not follow that those who hold them should always be free to discriminate. Sacred texts cannot be rewritten, but they can be reinterpreted. Reformist leaders of all faiths are working hard to build a cultural tolerance inside their institutions that reflects that in the outside society.
The real danger is that excessive regulation, or vague wording, could make their task more difficult. It should be no more acceptable to refuse a product to a homosexual than it should be to mock people because of their religion. But the Sors apply widely, into education as well as goods, facilities and services. Education could prove particularly tricky. While the actual employment of teachers is subject to separate provisions, from which faith schools are exempt, questions will inevitably arise about the extent to which teaching itself might be termed discriminatory. Pupils must be informed of how different religions view homosexuality. But what about the teacher who believes that marriage is good, abortion and homosexuality bad? Will it be lawful to express that personal view?
Another question is whether the regulations could spell the end of state funding for charitable organisations. Lord Mackay of Clashfern believes that an adoption agency could refuse services to same-sex couples under these regulations, but could not receive public money. This potential dilemma deserves more thought from politicians who have encouraged faith groups to provide more charity.
The law has played a vital role in securing equal rights for homosexuals, and indeed in helping to change perceptions dramatically. The Government deserves much credit for this. But these new regulations are too vague. The question now is how best to encourage those few who still practise discrimination to love their neighbours, of whatever orientation.
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