Bristol gay couple win legal case against Cornwall hotel
A gay couple have won their discrimination claim against the owners of a hotel in a landmark judgment today in the Bristol County Court.
Civil partners Martyn Hall and Steve Preddy sued the owners of the Chymorvah Private Hotel in Cornwall on the grounds they were not allowed to share a double room because they were a gay couple.
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Steven Preddy (left) and Martyn Hall
The hotel owners, Peter and Hazel Bull, are devout Christians who do not allow couples who are not married to share double rooms because they do not believe in sex before marriage.
Mr and Mrs Bull maintained that their refusal to accommodate civil partners in a double room was not to do with sexual orientation but "everything to do with sex". The owners said the restriction applied equally to heterosexual couples who are not married.
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Judge Rutherford ruled that the hotel had directly discriminated against the couple on the ground of their sexual orientation and awarded them compensation of £1,800 each.
The judge's ruling in one of the first legal cases taken under the Equality Act (Sexual Orientation) Regulations 2007 means that people in civil partnerships will have greater protection from discrimination.
In the ruling the judge said the right of the defendants to manifest their religion is not absolute and "can be limited to protect the rights and freedoms of the claimants". He described the Sexual Orientation Regulations as a "necessary and proportionate intervention by the state to protect the rights of others".
The judge also quashed the idea, suggested in some newspaper reports prior to the case and during the course of the hearing, that Mr Preddy and Mr Hall only booked the hotel at the instigation of the Stonewall organisation.
John Wadham, Group Director, Legal, at the Equality and Human Rights Commission, said:"The right of an individual to practice their religion and live out their beliefs is one of the most fundamental rights a person can have, but so is the right not to be turned away by a hotel just because you are gay.
"The law works both ways. Hotel owners would similarly not be able to turn away people whose religious beliefs they disagreed with."
Mr Preddy and Mr Hall said they were extremely pleased with the outcome of the case.
Comments
by Sally.D, Bristol
Wednesday, January 19 2011, 10:12AM
“Ad Enough said
' but surely when it comes to a b&b you own you should have some rights about what goes on there'.
Who says these guys would be doing anything in their room? Just because a person is gay does not mean they have sex 24/7. I wonder if the Bulls ask straight couples for proof that they married (marriage certificate). We all know that people who have affairs book into hotels under false names. Even married couples could be indulging in all sorts of unnatural acts in their room!
Just imagine all that sin going on under their noses....he he”
by Sally.D, Bristol
Wednesday, January 19 2011, 10:09AM
“Ad Enough said
' but surely when it comes to a b&b you own you should have some rights about what goes on there'.
Who says these guys would be doing anything in their room? Just because a person is gay does not mean they have sex 24/7. I wonder if the Bulls ask straight couples for proof that they married (marriage certificate). We all know that people who have affairs book into hotels under false names. Even married couples could be indulging in unnatural acts in their room! The so called straight guy could be cross dressing in the rented room for all they know.
Just imagine all that sin going on under their noses.”
by Martin, Clifton
Tuesday, January 18 2011, 11:11PM
“@Paul (landlord)
How do you know if someone is gay or not?
What happens if they come out after they have moved in, will you throw them out onto the street?”
by Phil Cox, Birmingham UK
Tuesday, January 18 2011, 9:34PM
“Guys you are most welcome at my small Hotel just outside of Birmingham, marvellous views of the Chocolate factory. Also, informative guided tours of the Factory, including a stroll down the Bourneville Boulevard, and a memorable trip to Cadbury Alley. (Unfortunately The Chocolate Speedway is closed for winter maintenance )
Best Wishes
Phil
(Bovril Drillers Arms, Swadlincote)”
by X, Bristol
Tuesday, January 18 2011, 7:10PM
“when they say "our double bedded accommodation is not available to unmarried couples", do they mean couples who are married to each other? Or could a hetrosexual or gay couple, both of whom are married to other people, sneak in?”
by A gay, Bristol
Tuesday, January 18 2011, 5:22PM
“I believe the BNP were recently forced to admit membership to non whites under similar laws.”
by Deni, Bristol
Tuesday, January 18 2011, 4:21PM
“@ A Gay indeed
The law out to protect LGBT people in the same way that black and disabled people are protected from discrimination. But this doesn't always work, think of the groups out there NF, BNP, the BNP are a legitamate political party, but their beliefs are similar to the couple who own the B&B”
by Heterosexual Bloke, Bristol
Tuesday, January 18 2011, 3:28PM
“ Website (http://www.chymorvah.co.uk/bookingform.html) currently says:
"Here at Chymorvah we have few rules, but please note that as Christians we have a deep regard for marriage (being the union of one man to one woman for life to the exclusion of all others). Therefore, although we extend to all a warm welcome to our home, our double bedded accommodation is not available to unmarried couples ¿ Thank you."
- No definition of "married" given (are civil partnerships / registry offices / other religion unions covered?);
- It's unclear how they'd react to someone on their second or subsequent marriage ("for life to the exclusion of all others"), divorced/widowed or otherwise;
- "the union of one man to one woman" seems fairly explicit in defining their discriminatory admissions policy.”
by Ol Bristol Cabby, Torreveiqa
Tuesday, January 18 2011, 3:04PM
“Ive read that on their website the hotel states same sex couples are not welcome, full stop. So that trouble seeking mob Stonewall decides to put the two up to it so they can bring a test case. oh and why the compensation is for what? and will it go to charity. Hope the hoteliers appeal.”
by A gay, Bristol
Tuesday, January 18 2011, 2:22PM
“Feel free to take them to court if they don't let you in, the law cuts both ways on this issue and rightly so.”