ps. I can't make sense of this bit above - maybe someone else can?
"The clauses being protested were later declared unlawful by the High Court in a Judicial Review."
Worked it out!
(Apologies for this diversion from the specifics of Caroline's case, although it is interesting to see the particular concerns voiced in 2007 and consider where we are today re: freedom of speech, "hate speech", causing "offence", ability of women, gay men and lesbians to express their views on sex vs gender identity without being physically attacked and tarred as bigots, the role of the Police, College of Policing, Judicial College, CPS, Stonewall, etc. and actual legislation.)
That sentence, "The clauses being protested were later declared unlawful by the High Court in a Judicial Review" refers to this page, which is linked in the article (my bolding):
Memorandum submitted by Revd J. George Hargreaves (CJ&I 155)
publications.parliament.uk/pa/cm200607/cmpublic/criminal/memos/ucm15502.htm#_ftn1
Dear Sir/Madam
I understand that the above mentioned Public Bill Committee is considering a possible incitement to homophobic hatred offence. Such a law could have alarming implications for free speech.
I have a particular interest because Stonewall called on the police to ban a demonstration that I helped to organise along with other leaders of the Black Churches. (See Ben Summerskill email below.) I am concerned that if Stonewall get their way Black Church Pastors like me could face up to seven years in jail for speaking publicly about our Christian beliefs.
The demonstration which Stonewall wanted to ban took place outside Parliament on the 9th January 2007. We were protesting against the Northern Ireland Sexual Orientation Regulations.
Speaking about our protest, Ben Summerskill, Chief Executive of Stonewall, said that he was "shocked that the Metropolitan Police gave some fringe protesters permission to demonstrate outside Parliament...carrying posters inciting hatred against gay people".[1]
I was involved in making the posters. Whilst Mr Summerskill typifies the protest as inciting homosexual hatred another gay journalist did not. Nicolas Chinardet, (who was there) wrote in Pink News: "People were singing and brandishing placards reading 'Cry Freedom', 'Christians Awake' or 'Back the Bible'".[2] Some Stonewall supporters turned up and sought to engage some of the protesters in argument. Mr Chinardet referred to the "mostly good mannered debate".
The BBC report of the protest shows other placards including "Freedom to Believe", "Freedom of Conscience" and "Freedom from Persecution".[3]
I am at a loss to know which of these posters Mr Summerskill believes was inciting hatred against gay people. Perhaps he objects to us quoting the Bible, singing hymns or saying prayers.
Ours was a peaceful protest conducted in accordance with all the instructions of the Metropolitan Police. Those of us who were present were expressing our concerns regarding free speech and freedom of religion.
We were protesting against the Northern Ireland Regulations which contained a harassment law which severely impacted on religious liberties. This part of the Regulations has now been declared unlawful by the High Court. The judgment given in the recent judicial review launched by Christians was that the Regulations "will result in instances of material interference...with the applicant's freedom to manifest the religious belief in question".[4] So our concerns were fully justified.
Back in January we were protesting against what even the High Court accepts was an unjust law. Yet Stonewall believe we were inciting hatred against gay people. This, apparently, is their definition of the sort of thing they want to see outlawed under an incitement to homophobic hatred offence. They do not want to ban hatred. They want to ban dissent.
We condemn all hatred and violence. As Black Church leaders we are clear that we are commanded by Jesus to love people. Yet we also have to believe the Bible, which teaches us that all sex outside of marriage is wrong, including homosexual practice. We want the freedom to continue to preach the Bible and to protest against laws which restrict our religious liberty.
We preach that people need to repent of their sins (including sexual sins) and turn to Christ for forgiveness. This is the essence of our Christian faith.
Mr Summerskill says the new law will not prevent people "expressing their religious views in a temperate way".[5]
It seems that the protest I was involved in does not meet this very low threshold of acceptable speech.
Freedom of speech, if it means anything at all, must include freedom to offend. Last year the Black Churches vigorously campaigned against the proposed incitement to religious hatred law so that Ben Summerskill and others had the freedom to attack our religious beliefs
We defended the rights of those disagree with our Christian faith. How about a level playing field? Please reject the proposal for an incitement to homophobic hatred.
I note that the Public Bill Committee is to hear Mr Summerskill give evidence on Tuesday in a 45 minute session.
I hope that your committee will consider the other side of the argument. I be will present in the public gallery on Tuesday and would be very happy to present evidence before your committee in person.
October 2007
[1] Stonewall Ebulletin, 14 February 2007
[2] See pinknews.co.uk/news/articles/2005-3460.html as at 3 October 2007
[3] See BBC News report, 9 January 2007, news.bbc.co.uk/media/avdb/news/video/73000/bb/73241_16x9_bb.asx as at 12 October 2007
[4] The Christian Institute & Ors, Re Application for Judicial Review [2007] NIQB 66, para 69
[5] Daily Mail, 9 October 2007
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So, the Black Christian protesters who were against criminalisation on the basis of "direct and indirect discrimination and harassment on the ground of sexual orientation" in the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 had earlier campaigned against legislation prohibiting "incitement to religious hatred", as they believed this too would impede freedom of speech and expression.
The reason the court ruled that inclusion of "direct and indirect discrimination and harassment on the ground of sexual orientation" in the Northern Ireland Regulations was unlawful is that the Government had not included this in the Equality Act 2006 and "primarily on the ground that they were radically different from those originally envisaged in the consultation paper, which had indicated that the First Minister was minded not to legislate on harassment at that time."
(Sexual orientation: judicial review of Northern Ireland goods and services regulations: PLC Employment)
uk.practicallaw.thomsonreuters.com/2-376-3735?contextData=(sc.Default)&transitionType=Default&firstPage=true
So the Government of the day (Labour) had tried to sneak in an extra provision under the RADAR without proper consultation. Sounds familiar!
A specific offence of incitement to hatred on grounds of sexual orientation was not created until 2008, a year after Ben Summerskill, Stonewall CEO, accused the Black Christians of "inciting hatred against gay people".
(The Public Order 1986 was amended by the Racial and Religious Hatred Act 2006, creating a new offence of stirring up hatred against people on religious grounds and in 2008 by the Criminal Justice and Immigration Act 2008, creating a new offence of stirring up hatred against someone on the grounds of sexual orientation with intent.)
www.inbrief.co.uk/discrimination-law/inciting-hatred/
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Malcolm Clarke's article focusses on the police but he also notes the key roles played by the Civil Service, Home Office, Governments and "liberal politicians" in both Labour and Conservative Parties:
"Hunt inherited a charity not only in rude financial health but with unparalleled networking nous. She was also bequeathed an astonishing project to undermine police independence initiated by Stonewall but backed by the two governing political parties and the civil service."
"(Stonewall’s first Gay British Crime Report of 2008) marked the official start of a decade-long cohabitation between the police top brass, civil servants in the Home Office, liberal politicians of both parties and the LGB, soon to be LGBT, lobby."
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Apologies again for the diversion - back to Caroline! 