Peter Saunders

Christians should prepare for further job discrimination following this week’s European Court ruling

Peter Saunders
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Two British Christians who refused to act contrary to conscience have lost their legal battle at the European court of human rights in a move that demonstrates that ‘gay rights’ trump ‘conscience rights’ when the two conflict.

Gary McFarlane and Lillian Ladele (pictured) had their appeals to the Strasbourg court rejected in January and had sought to resolve the matter in the court's grand chamber, its final arbiter. However, judges at the court have rejected the request, in effect ending the legal battle.

Ladele, 52, a local authority registrar, was disciplined by Islington council in London for refusing to conduct civil partnership ceremonies, while McFarlane, 51, a Bristol relationship counsellor, was dismissed by the charity Relate for saying he might object to assisting same-sex couples with their sex lives.

The court had previously ruled that both employers' actions were justified, given their obligations to prevent discrimination against people using their services.

In 2003 Miss Ladele, who was being defended by the Christian Institute, told her managers at Islington Council that, should civil partnerships ever become law, she would have a conflict of conscience based upon her Christian beliefs about marriage.

Following the introduction of civil partnerships, she wrote to her employer in 2006 asking for a reasonable accommodation of her religious objection to same-sex civil partnerships.

Islington accepted that it had enough registrars to provide a civil partnership service to the public without requiring Miss Ladele’s involvement. But managers at the council refused her request, and demanded that she carry out civil partnership registrations against her will.

McFarlane, who was being defended by the Christian Legal Centre, had practised as a relationships counsellor for a number of years. Then, during a training course for a new skill, he was prompted to indicate that if the situation ever arose he might have a conscientious objection to providing sex therapy to a same-sex couple on account of his Christian faith.

He was dismissed for gross misconduct for discrimination on the grounds of sexual orientation, despite the fact that (i) the issue involved a hypothetical scenario and (ii) there was never a risk of anyone being denied a service to which they were entitled (since there were many other counsellors who were willing and able to provide it). 

The dismissal by Relate (his employer) was on principle and it was irrelevant whether he could have been accommodated.  A dismissal for gross misconduct is the most severe sanction available to an employer. 

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The two rulings demonstrate that under British law gay rights now trump conscience rights and that reasonable accommodation need not be made for employees. At a stroke this puts at risk the job of any employee objecting to helping gay couples in activities they believe to be wrong (eg. Celebrating a civil partnership, adopting a baby, having sexual counselling etc).

The decision of the Grand Chamber has understandably prompted calls for more robust protections to be put in place for Christians in the Government's Marriage (Same Sex Couples) Bill. The House of Lords is due to vote on the Bill at Second Reading next Monday 3 June.

It has been argued that if this latter bill goes through those who refuse to endorse gay marriage (eg. Teachers, Council workers, healthcare workers) could similarly find their jobs to be at risk.

Amidst the rulings however there were some rays of hope for conscience rights.

The European Court decided that decisions of the UK Courts were within the 'margin of appreciation' (discretion) that it allows to national Courts - but in so doing it challenged many of the principles adopted by UK Courts and asserted by the British government. 

So for example, the UK Courts had held that beliefs about marriage as between a man and a woman was not a core component of Christian belief and so not protected. The European Court said that these beliefs were part of Gary and Lillian's Christian identity and so were in principle protected!

The British Government also suggested that because the individuals were free to resign and find other jobs, there had been no infringement of their freedom of religion - in other words, 'your freedom to resign secures your freedom of religion'.  But the European Court ruled that 'freedom to resign and find another job' is not sufficient to guarantee religious freedom.

These are significant breakthroughs and will be a great help in contending for Christian freedoms in the UK Courts in the future.  

Last month the Council of Europe passed a resolution calling on all member states to respect conscience and accommodate religious beliefs in the public sphere. The situation facing UK Christians was recorded in the report that was prepared for the debate that took place before the vote. This shows how the cases have influenced Council of Europe opinion and consequent policy.

This month, a member of the EU Delegation to the International Organisations in Vienna wrote:

‘We are concerned about rising anti-Christian intolerance and violence... a trend which often remains unnoticed.’

Christians and others, living in a free democratic society, should not be forced, at fear of losing their jobs, to do things they believe are profoundly wrong. Instead reasonable accommodation should be made for them.

In both these cases it could have been, but the respective employers decided instead, backed by the law, to put these two employees in an impossible situation.

Whilst neither Ladele nor McFarlane were healthcare workers the same principles will apply to doctors, nurses and others who find themselves in similar moral dilemmas (I have previously commented on the way that British law and employment regulations are marginalising Christian health professionals). 

Whilst we must not give up the fight these cases should not surprise us given Britain’s progressive slide into secularism.

The Bible tells us that ‘everyone who wants to live a godly life in Christ Jesus will be persecuted’ (2 Timothy 3:12). It is part and parcel of following Christ, so best to prepare for it now.

Christians contemplating these circumstances need to draw a line in the sand and not be intimidated. In so doing they stand by biblical precedent.

The Hebrew midwives when ordered by the king of Egypt to kill all male Hebrew children refused to do so and as a result we are told that God commended and rewarded them (Ex 1:15-22).

Rahab the harlot similarly refused to co-operate with the king of Jericho in handing over the innocent Israelite spies (Jos 2:1-14). She is later praised for her faith in so doing (Heb 11:31; Jas 2:25).

Even the prospect of death as a consequence of disobedience to state law did not stop Shadrach, Meshach and Abednego refusing to bow down to the image (Dan 4:6-8), or Daniel persisting with public prayer (Dan 6:1-10).

In the New Testament when Peter and John were commanded by the Jewish authorities not to preach the Gospel they replied 'We must obey God rather than men' and went right on doing it (Acts 5:29). 

We need to do the same and leave the eventual outcome in God's hands. Whether we are vindicated or condemned he will be glorified. 

Reprinted with permission from Christian Medical Comment.

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Therapists to offer sex change drugs to nine-year-olds

Peter Saunders
Peter Saunders
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Children as young as nine are to be prescribed drugs which delay the onset of puberty as the first step towards a sex change operation (Mail on Sunday and Daily Telegraph).

Doctors at the Tavistock and Portman NHS Foundation Trust said a trial of the treatment on ‘gender dysphoria’ patients aged 12 to 14 had been successful and it could now be offered even earlier.

Monthly injections of the drugs, known as hypothalamic blockers, are used to slow the development of the children’s sexual organs by blocking the production of the hormones testosterone and oestrogen.

The rationale is that by delaying the onset of sexual maturation this gives more time for gender conflicted youngsters to decide whether they wish to embark on hormone treatment and surgery aimed at changing their gender. 

Most people will be shocked at this news but it is actually a logical consequence of accepting four prior ideological presuppositions – that gender is a social construct, that personal autonomy should trump other considerations, that emotional suffering should be avoided at all costs and that technology should be used to achieve these ends. 

There are obvious safety concerns - although the gender treatment is reversible, the long-term effects on brain development, bone growth and fertility have not yet been fully evaluated.

But safety considerations aside, using hormones to suppress puberty in transgender children is highly controversial, not least because of deep societal disagreements about the causes and nature of transsexuality and the effectiveness and appropriateness of transgender therapies per se.  This means that therapists remain strongly divided about the best way of handling the issue.

Transgender people are born with the anatomy and physiology of one sex but believe that they belong to the opposite sex.  Should therapy therefore be aimed at changing bodies (using hormones and surgery) to match a person’s beliefs or should it rather be aimed at helping people to adjust mentally to accepting the bodies they were born with? Even more fundamentally, is ‘gender dsyphoria’ a mental disorder or is it just a normal variant like eye or skin colour?

Up until recently ‘gender identity disorder’ was classified as a mental disorder (in the Psychiatric diagnostic inventory DSM-IV) but it has now been reclassified and renamed ‘gender dysphoria’ (in the DSM-V).  This change was strongly ideologically driven and many psychologists and psychiatrists dispute the reclassification. They still see ‘gender identity disorder’ as a kind of body dysphoria, whereby a person has an unshakeable false belief that they are one sex when in fact they are the other. It has been likened to anorexia nervosa, where the affected individual is convinced she is fat whilst being grossly underweight.

Those who supported the reclassification however, take the view that gender identity is biologically fixed and determined and that it is harmful to affected individuals to deny them sex change therapy or to 'force' them to live with the body they were born with. Some even hold to the strongly postmodern view that gender, regardless of what one’s genes or hormones suggest, is simply a social construct, even a matter of choice. If you wish to appreciate how passionately these views are held, then try expressing a traditional understanding on twitter using the hashtag #lgbt!  

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Is gender identity fixed as male or female or is it more of a spectrum or continuum? Can it change over time? How effective is therapy in changing the strength and orientation of one’s beliefs? How might suppression of puberty using hormonal treatment affect bone, brain and sexual development?

Research is still at an early stage with many of these questions and strong ideological convictions one way or the other mean that scientific objectivity about the real effects of sex change therapy may always be a matter of contention.  It is perhaps not surprising that both opinion and research in this whole area is often driven by powerful ideological vested interests.

Complicating this is the fact that gender identity may change in an individual over time, and that it may be very difficult to predict the outcome of for any particular person. Some children are much more appropriately described as ‘gender nonconforming’ or ‘gender-fluid’ rather than transgender. In many others gender identity may change with time.

Toronto specialist Ken Zucker, who opposes the use of sex change therapies, claims that only about 12% of boys and girls with gender dysphoria will still have persistent dysphoria as adults. This fact alone should lead even the most committed supporters of early intervention to err strongly on the side of caution.

The CMF File ‘Gender Identity Disorder’ goes into the issue in more detail and also looks at biblical principles which can be applied.

The Bible teaches that human beings are created in God's image and of two sexes – male and female (Genesis 1:27). Jesus drew on this when he commented, 'haven't you read, that at the beginning the Creator “made them male and female”, and said, “For this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh” (Matthew 19:4-5).

The Old Testament command 'you shall not commit adultery' also indicates that sexual intercourse should only occur within the framework of marriage (Exodus 20:14). Sex outside the marriage bond is wrong, whether with someone of the same or opposite sex (Leviticus 18:22, 20:10).

The ideal pattern for existence was spoilt at the Fall when mankind rebelled against God's rules. One consequence of this is that moral values, sexual patterns and also biology (genes and hormones) have become distorted.

The good news at the centre of Christianity is that Jesus, through his death and resurrection, gives people new life and power to change. On top of this, there will be a time in the future when all rebellion against God's plans will come to an end and a perfect relationship with God can be fully restored. This brings the hope that transsexual people may find support as they seek to live in ways that are honest to the way God made them, and open to God's ideals.

It's worth noting that the Bible regards celibacy as a high calling. Jesus was fully human and male, but never married nor had sexual intercourse. He also taught that marriage is not for everyone (Matthew 19:12).  It is important to acknowledge this, as for some people, battling with gender conflict may be a life long process.

Reprinted with permission from PJ Saunders

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Why assisted suicide should not be legalised in Britain

Peter Saunders
Peter Saunders
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I have recently been published in a head to head with Sir Terence English in the Oxford Mail on whether assisted suicide should be legalised in Britain. My contribution to the debate is reproduced below. Perhaps not surprisingly I have said ‘no’.

Any change in the law to allow assisted suicide or euthanasia would inevitably place pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others.
 
The ‘right to die’ would so easily become the ‘duty to die’. This would especially affect people who are disabled, elderly, sick or depressed and would be greatly accentuated at this time of economic recession with families and health budgets under pressure.
 
Elder abuse and neglect by families, carers and institutions are already real and dangerous and would be made worse.
 
Any so-called ‘safeguards’ against abuse, such as limiting it to certain categories of people, will not work.
 
This is because exactly the same arguments – autonomy and compassion – would apply to people outside the categories decided upon and so any law allowing it for some would immediately be challenged under equality legislation.
 
If for terminally ill people, why not for those who have chronic illnesses but are ‘suffering unbearably’?
 
If for adults why not for ‘Gillick competent’ children? If for the mentally competent why not for people with dementia who ‘would have wanted it’?
 
The news coming from other jurisdictions which have gone down this route, particularly Belgium and the Netherlands, shows a pattern of incremental extension and pushing of the boundaries – an increase in cases year on year, a widening of categories of people to be included and people being killed without their consent.
 
Belgium has recently legalised euthanasia for children and in the Netherlands babies with spina bifida and people with dementia are already put to death.
 
This is why British parliaments have rightly rejected the legalisation of assisted suicide in Britain three times in the last seven years and why the vast majority of UK doctors, almost all medical groups including the British Medication Association (BMA), Royal College of Physicians (RCP) and Royal College of General Practitioners (RCGP), and all major disabled people’s advocacy groups are also opposed.
 
Persistent requests for euthanasia are extremely rare if people are properly cared for, so our real priority must be to ensure that good care addressing people’s physical, psychological, social and spiritual needs is accessible to all.
 
This issue is understandably an emotive one but hard cases make bad law and even in a free democratic society there are limits to human freedom. Our present law with its blanket prohibition on all medical killing does not need changing.
 
The penalties it holds in reserve act as a strong deterrent to exploitation and abuse whilst giving discretion to prosecutors and judges to temper justice with mercy.
 
Reprinted with permission from PJ Saunders

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Royal College of Ob/Gyn bars pro-life doctors from receiving its degrees and diplomas

Peter Saunders
Peter Saunders
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Doctors and nurses who have a moral objection to prescribing ‘contraceptives’ which act by killing human embryos are to be barred from receiving diplomas in sexual and reproductive health even if they undertake the necessary training according to new guidelines.

Under new rules issued by the Faculty of Sexual and Reproductive Health (FSRH) earlier this year these doctors and nurses are also to be barred from membership of the faculty and from specialty training.

The FSRH is a faculty of the Royal College of Obstetricians and Gynaecologists established on the 26th March 1993 as the Faculty of Family Planning and Reproductive Health Care. In 2007 it changed its name to the Faculty of Sexual and Reproductive Healthcare.

Whilst many contraceptives act by preventing the union of sperm and egg, some, including most IUCDs (intrauterine contraceptive devices) and the morning-after pill EllaOne (ulipristal acetate), also act by preventing the implantation of an early embryo. In other words they are embryocidal or abortifacient, rather than truly contra-ceptive.

Many doctors, of all faiths and none, have a moral objection to destroying human life and wish therefore to avoid using drugs or methods which act after fertilisation.

In fact this position was once held by the British Medical Association (BMA) when it adopted the Declaration of Geneva in 1948. This states, ‘I will maintain the utmost respect for human life from the time of conception even against threat’.

But in 1983 the words ‘from the time of conception’ were amended to ‘from its beginning’ due to sensitivities about increasing medical involvement in abortion. The word 'beginning' was left undefined, giving doctors the opportunity to argue, contrary to the biological reality, that early human life was not actually human life at all.

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Now it seems that doctors who wish to abide by the original wording of the Declaration of Geneva are to be barred from practising in certain medical specialties. This is an extraordinary about face.

The Faculty may argue that they are not barring doctors and nurses from practising, but simply from obtaining certain qualifications. But as many job appointments will be conditional on applicants having these qualifications this is effectively also a bar on practice.

Interestingly doctors who have a moral objection to abortion are still able to complete the Faculty’s qualifications because the Abortion Act 1967 contains a conscience clause which protects them. But there is no law protecting those who object to destroying human embryos.

Many Christians believe that every human life, regardless of age, sex, race, degree of disability or any other biological characteristic, is worthy of the utmost respect, wonder, empathy and protection.

This is based on the idea, taught in the Bible, that human beings are made in the image of God. In a society which is becoming more hostile to Christian faith and values it is perhaps not surprising that we are seeing institutional discrimination of this kind.

Perhaps it is time for Christian doctors and nurses, and others who share their prolife views, to set up an alternative training programme.

Reprinted with permission from PJ Saunders

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