Same-sex couple win hotel discrimination case

A Bristol County Court has ruled that hotel owners who did not allow a gay couple to share a double room as they do not believe in sex before marriage, acted unlawfully. The ruling is one of the first made under the UK Equality Act (Sexual Orientation) Regulations 2007 and is expected to afford those in civil partnerships greater protection from discrimination.

The hotel owners contested that their refusal to accommodate civil partners in a double room had "nothing to do with sexual orientation and everything to do with sex", with the restriction applying equally to unmarried heterosexual couples.

However Judge Andrew Rutherford found that the hotel had directly discriminated against the couple on the grounds of their sexual orientation. The case was funded and supported by the Equality and Human Rights Commission (EHRC). Legal Director of the EHRC, Mr John Wadham noted "When Mr and Mrs Bull chose to open their home as a hotel their private home became a commercial enterprise. This decision means that community standards, not private ones, must be upheld".

Please click here to view the EHRC press release.

The decision comes amidst an active legal period for same-sex couples' rights.

  • The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into effect in Ireland on January 1 2011, giving same-sex couples certain - but not all - rights and responsibilities comparable to civil marriage.
  • The date for hearing for the Zappone and Gilligan challenge to the failure to recognise their Canadian same-sex marriage is awaited.
  • The French Conseil Constitutionnel is presently considering whether the French ban on same sex marriage is constitutional and will make its decision on Friday, January 28. Please click here to view MarriagEquality's press release about the French Conseil Constitutionnel challenge.

 

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