Gay Today: World

Gay OKs to Euro Job Directive
Creates 'Partial Equality'

Compiled by GayToday

London, England--The European directive on job discrimination has been amended to lessen the risk of discrimination by religious groups against gay people. A new clause has also been added calling on all governments of EU countries to dismantle all legislation that discriminates against gay people.

The committee considering the latest draft of the directive has responded to lobbying from religious groups and from gay people to incorporate added protections.

In the first draft of the directive, Article 4 gave religious groups the right to practice what the Government called "justifiable discrimination" in its employment policies.

This would have given religious employers the right to refuse jobs to gay people, non-believers and others of whom they do not approve. This has now been amended so that religious groups can only reserve jobs in their organizations for people of their own religion. They will not be allowed to refuse a job to a gay person of that religion.

The kinds of jobs being covered by this exemption has also been reduced, so that people like janitors, receptionists, cleaners and so on cannot be required to be of the relevant faith. At the same time the exemption has been extended to include all religious organizations, not only schools and churches, but those in the welfare field – hospitals, nurseries and welfare organizations. A clause has been added saying that member states of the EU "respect the status of churches and religious associations".

There remains the problem of defining the difference between "sexual orientation" and "a practicing homosexual". Religious groups could still argue that any gay person in a relationship, or who admits to having a sex life, could still be refused a job, even if he or she was a member of the relevant religion or denomination. This is because they have asserted that having a homosexual orientation is not against their religion, while having a homosexual relationship is.

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Terry Sanderson of GALHA, said:

"This is all highly unsatisfactory. Although the committee has tried to please both religious objectors and gay lobbyists, they have simply succeeded in making the whole thing worse. It seems that the demands of the religious for privileges and the calls from gay people for equality are absolutely incompatible.

“Either religion is not given the right to discriminate against homosexuals or it is – there is no middle ground. There is no such thing as partial equality, and the concept of "justifiable discrimination" being contained within an anti-discrimination law is ludicrous.

“The Commissioners are going to have to choose. Either gay people are protected from discrimination or the whole directive will be devalued and potentially in conflict with the European Convention on Human Rights. I don't think this is what was intended by its originators.”

When the ratification meeting takes place this month, all 15 member states must agree to be bound by the directive or it will fall. Although Britain has many misgivings about the directive, and has stated that it doesn't want to give statutory protection against employment discrimination to gay people, Mr. Blair may find it difficult to be seen arguing against equality in a European setting."