A senior judge has launched a dramatic assault on religious faith, dismissing it as “subjective” with no basis in fact.
Lord Justice Laws condemned any attempt to protect believers who take a stand on matters of conscience under the law as “irrational” and “capricious”.
In comments likely to set the church on a collision course with the courts, he claimed that doing so could set Britain on the road to a “theocracy”, or religious rule.
His comments came as he dismissed a legal challenge by a Christian relationship counsellor who was sacked after refusing to offer sex therapy sessions to homosexual couples because it was against his beliefs.
Gary McFarlane, 48, challenged his dismissal at the Court of Appeal, arguing that forcing him to go against what he sees as the Bible’s teaching represented religious discrimination.
He was supported in his case by a highly unusual direct intervention Lord Carey, the former Archbishop of Canterbury, who wrote to the judge warning of a tide of discrimination against Christians that threatened “civil unrest”.
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While acknowledging the profound influence of Judeo-Christian traditions over many centuries, he insisted that no religious belief itself could be protected under the law “however long its tradition, however rich its culture”.
“The promulgation of law for the protection of a position held purely on religious grounds cannot therefore be justified,” he said.
“It is irrational, as preferring the subjective over the objective. But it is also divisive, capricious and arbitrary.”
He added: “If they did … our constitution would be on the road to a theocracy, which is of necessity autocratic.”
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Andrea Williams, director of the Christian Legal Centre, which supported Mr McFarlane, described the depiction of traditional religious views on marriage as subjective as an “alarming” development.
“In effect it seeks to rule out Christian principles of morality from the public square,” she said.
“It seems that a religious bar to office has been created, whereby a Christian who wishes to act on their Christian beliefs on marriage will no longer be able to work in a great number of environments.”
But Terry Sanderson, president of the National Secular Society, hailed the judgment as a defeat for “fundamentalism”.
“The law must be clear that anti-discrimination laws exist to protect people, not beliefs,” he said.
“The right to follow a religious belief is a qualified right and it must not be used to legitimise discrimination against gay people who are legally entitled to protection against bigotry and persecution.”
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