Fear not, LGBT tourists to England and Wales! For today, you may tread safely.

The Court of Appeal today upheld a landmark court ruling in favour of a gay couple refused a room by the religious owners of a Cornwall hotel.

Martin Hall and Steven Preddy, civil partners, had originally successfully sued devout Christians Peter and Hazelmary Bull for sexual orientation discrimination. In 2011 Judge Andrew Rutherford held that the refusal to admit the same-sex couple to their hotel three years earlier breached England’s equality legislation. The defendants were ordered to pay the couple £3,600 in damages.

The appeal by the owners of Chymorvah House in Marazion, Cornwall, was rejected by three judges in the court of appeal in London. The Bulls had claimed that they regarded any sexual activity outside of marriage to be a sin, and denied any discrimination on their part. They claimed that the rules of their accommodation, based on their Christian faith, was that no unmarried couples could share a double room.

The Court of Appeal agreed with original ruling that the hotel’s rule directly discriminated against Preddy and Hall, and that the couple was subjected to differential treatment because of their sexual orientation as it is not possible for a same-sex couple to marry in the United Kingdom.

The appeal judges held that religious belief does not offer an exemption from discrimination laws which apply to running a business.

The Christian Institute had funded the Bulls’ appeal. Mr Bull, 72, and Mrs Bull, who is in her late 60s, were not in court for the ruling.

John Wadham, Group Director Legal of Equality and Human Rights Commission, which acted on behalf of the successful side in the appeal, 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.”

“We welcome this important decision – there is no place for discrimination of gay and lesbian travellers in the 21st Century,” says Simon Forrester founder of Further Afield, whose company curates a hand-picked collection of LGBT-friendly accommodation around the world.

He fears, however, that this case may have undermined confidence of LGBT tourists. “We know from our own research that many gay and lesbian travellers are worried about the welcome they will receive at their holiday accommodation.”

Related posts:

1. Prop 8 heads to US Supreme Court after Federal Appeals Court ruling
2. South Dublin County Council votes unanimously in favour of marriage equality!
3. Cork City Council votes unanimously in favour of marriage equality

In this post, we learn about:

• Trans-European networks
• Industry
• Economic, social and territorial cohesion
• Research and technological development and space
• Environment
• Energy
• Tourism
• Civil protection
• Administrative cooperation

And that’ll be the end of the part of the Treaties entitled, “Union Policies and Internal Actions”!! By way of celebration, I’m also going to schtick in a the end of this here post the next part of the Treaties, dealing with the:

• Association of the Overseas Countries and Territories

Betchya can’t wait!

Trans-European networks

Oh wait, this bit isn’t amended by the Lisbon Treaty. I may just cry with delight.

Industry

In the context of the existing provisions of the TFEU dealing with industry and open and competitive markets, the Lisbon Treaty adds an amendment to Article 173 allowing the Commission to also establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

Lisbon also includes a proviso ruling out any harmonisation of Member States’ laws and regulations, in relation to the existing paragraph related to achieving the objectives of this article.

Sin é.

Economic, social and territorial cohesion

The first amendment to this section is to give it said title. Then, the first article in the section is amended to include reflect this.

An extra paragraph is added to the section, which states, in relation to strengthening economic, social and territorial cohesion and reducing disparities between the levels of development of the regions within the EU and member states:

Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions.

Research and technological development and space

“And space” is added to the title and provisions of this section by the Lisbon Treaty. A new first paragraph to the first article of this section is added setting out the EU’s objective of “strengthening its scientific and technological bases by achieving a European research area”. Cross-border co-operation among research is permitted by a further amendment to the same article.

There’s that phrase again: the Lisbon Treaty adds an amendment to Article 181 allowing the Commission, in close co-operation with the member state, to also establish “initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.”

Tacked on to the next article is a new paragraph allows the European Parliament and the Council to jointly adopt measures to implement the European research area.

A brand new article is inserted by Lisbon to do with space (pay attention, Trekkies). The article allows a European space policy to be drawn up by the EU, and measures may be adopted jointly by the European Parliament and the Council in order to achieve that objective. The EU is permitted to establish relations with the European Space Agency, as appropriate.

Environment

(Pay attention, hippies.) A new objective in the EU policy on the environment is inserted by Lisbon into the first existing article in this section: “promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change”.

A new paragraph is added to Article 175, allowing the Council, “acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee for the Regions”, may make ordinary law-making procedures applicable to the existing provisions (which currently are dealt with under the “special legislative procedure”, more of which anon..).

Energy

As amended by Lisbon, this section comprises one article, the first part of which establishes the aim of the EU and Member States to: ensure the functioning of the energy market; ensure the security of energy supply in the EU; promote energy efficiency and energy saving and the development of new and renewable forms of energy; and promote the interconnection of energy networks.

Measures to achieve this aim may be established jointly by the European Parliament and the Council. Such measures “shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply”. A special procedure shall apply, however, where the measures are of a fiscal nature.

Tourism

Similarly, this section consists of one article, all of which is inserted by the Lisbon Treaty. It states that the EU shall have a complementary role in the tourism sector. The European Parliament and Council shall jointly establish specific measures in this respect, excluding any harmonisation of member states’ laws and regulations.

Civil protection

Again, one article, under Lisbon: This provision seeks to encourage co-operation between member states in relation to natural or man-made disasters. The EU’s role will be to: support and complement member states in civil protection; promote swift, effective operational cooperation between national agencies; promote consistency.

The European Parliament and Council shall jointly establish measures in this respect, excluding any harmonisation of member states’ laws and regulations.

Administrative cooperation

Ditto: This one article is introduced by Lisbon, and it firstly states that it is a matter of common interest to have effective implementation of EU law by member states. Fairly standard stuff.

The EU is also permitted to “support the efforts of Member States to improve their administrative capacity to implement Union law”. The European Parliament and Council shall jointly establish the necessary measures in this respect by way of regulations, excluding any harmonisation of member states’ laws and regulations.

Praise Dolly! That’s all there is to the “Union Policies and Internal Actions” part of the Treaties. Good riddance.

Moving on to the next part:

Association of the Overseas Countries and Territories

Minor procedural changes and updates are made to this part of the existing Treaties by the Lisbon amendments.

And that’s all, folks! (Get in, my son..)

Stay tuned for Part Five of the Treaties: External Action by the Union. Ooooh..!

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