Amendment 97E seeks to offer priests the same employment protections in relation to their sexuality as other members of society. As the law stands, an individual cannot be sacked for simply being gay, except, as I explained at Second Reading, one class of people-and that is the clergy. At Second Reading, the right reverend Prelate the Bishop of Chester suggested that the way in which faith communities operated is sexuality-neutral. But the church's stance was based on an
intolerance towards sexual relationships outside marriage, whether they were gay or straight. I said then that I thought the right reverend Prelate was mistaken, and I am pleased to clarify the point.
What the law actually says is that an exemption is made for,
"a requirement related to sexual orientation".
Sexual orientation is not the same as having sex inside or outside of marriage. This is not semantics, and it is at the heart of what I am seeking to correct.
Simply by being gay, the law allows religious organisations-in this case the employer-to sack a priest, in this case the employee. So even where a gay man takes a vow of celibacy, the law still allows for his dismissal. The law is not about adultery; it is not about sex outside of marriage; it is not even about gay sex. It simply allows for the dismissal of the individual for being gay. I am not sure that is what we intended when we wrote the Bill. It is like saying it is all right to be sacked for simply being black. How can that be right?
There are very few people who do not know of gay members of the clergy. In fact, I suspect from the letters I have had that the Church of England is full of them. It has to be asked: what is the purpose of this law? Why is it there? Let me tell you what a law like this does while it remains in place. It creates a climate of fear and insecurity. It is a threat. It does what all nasty bits of discriminatory law do-it wields the power to destroy somebody's life, but it holds it in reserve.
Be in no doubt-this is an unpleasant and spiteful provision, in my view unintended to be so. Ever since I made it clear that I was going to bring forward this amendment, I have had many discussions from people inside and outside the church. Many have quoted Article 9 of the European Convention on Human Rights. But all rights flowing from that convention have a caveat that limits their effect, as long as they do not disturb other people's rights. Article 9-or, indeed, Article 8 which protects gay people from discrimination-does not apply when looking at this provision. A policy of "don't ask, don't tell", if you are gay, but keep it under wraps or risk losing your job, is simply wrong. It will never be right. That is the reality which gay priests, whether they are celibate or not, must face every day. It is a fear that they live with. This is the persecution which I believe we should seek to fix in this Bill at this time.
I hope Amendment 119A will be less controversial. Its intention is to remove the prohibition against civil partnerships taking place in religious buildings. I shall repeat that: it is to remove the prohibition against civil partnerships taking place in religious organisations. It is a straightforward amendment. It does not seek to force religious institutions to host civil partnerships
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and I would not intend it to. It simply has to be a matter for them to decide whether or not they wish to do so.
There can be no doubt, however, that civil partnerships have been a huge success. I suspect that many noble Lords will have been touched in some way by the range of civil partnerships that have happened in the community. Noble Lords put through this House a really significant measure. I want to reiterate my thanks to the many noble Lords who helped that provision find its way on to the statute book.
In July last year, the Quakers passed a resolution which, in effect, would allow civil partnerships to take place in Quaker meeting houses. I know that other religious groups are seeking to follow suit, such as Liberal Judaism, the Metropolitan Community Churches and the Unitarian Church. It seems rather perverse that the law prevents them from doing so: the law no longer respects religious freedoms; it seems to be dictating religious behaviour, which cannot be right.
At Second Reading, I was heartened by the speech of the right reverend Prelate the Bishop of Chester, who mentioned that he might be more sympathetic to the amendment. The support of the church on this provision to remove the prohibition would be a simple and generous step to take. I know that the noble Baroness, Lady Noakes, hoped to speak on this amendment, but unfortunately she has been detained. She asked me to make it clear that she would have supported it and that she wanted to speak in this debate.
I hope that my noble friends on the Front Bench will think very carefully about supporting the amendment and will give it further consideration, as it will benefit the lives of many people of faith. I beg to move.
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