Head of Legal has an opinion, and a link to the full judgment.
The part of the judgment that I found odd was the idea (at paragraph 50) that there is a conflict in this case between the rights of two groups, being Christians, and homosexuals, and the legislative schemes that exist to protect them. Surely, the relevant conflicts are between Mrs. Ladele (and her desire not to be involved in such registrations), and the ability of the council to operate a service for the particular persons wishing to be registered as civil partners.
There is, after all, no right to be registered by a registrar who has not met a homophobe that day, only to be treated equallly, which one would have thought would include the same level of expedition in performing ceremonies, and the same choice of days to have them performed. The evidence is that no couple were refused a registration, and it appears that the rota system was operated so as to provide those registering civil partnerships the same level of service. The people who were inconvenienced were (on the basis of the evidence of complaints made by her colleagues) Mrs. Ladele's colleagues. Incidentally, the judgment doesn't show that there is any reason why Mrs. Ladele could not have been given more marriages to register, to compensate for her colleagues doing more civil partnerships.
For those wondering about direct discrimination, it was held to arise in quite a few ways, some of which I found a little strange, with respect to the tribunal. Firstly, from the decision to initiate disciplinary proceedings (at 58), and at 62 by labelling Mrs Ladele as homophobic. 70 is an odd one as it treats designating Mrs. Ladele as a civil partnership registrar without her consent as direct discrimination, even though all registrars in the district were so designated without reference to them. Paragraph 59 once again treats this as a matter of group rights not to be discriminated against.
All in all, I think the judgment is well made, and I look forward to seeing it considered on appeal, if only to see whether there are any gyrations to fit this into a model where such treatment becomes proportional or non-discriminatory.
law employment conscience ladele