Gay Couples have rights – shock ruling by Court of Appeal

21 May 2012

The only surprising element of the case of Bull and Another v Hall and Another is that it found its way to the Court of Appeal.

The Court decided that a gay couple, who had been refused a double room with a double bed, had been discriminated against on the grounds of sexual orientation.

The reason for the refusal to give them the room they had booked was that they were not married.  This meant that no homosexual couple could ever satisfy the condition put in place by the hotel owners whereas married heterosexuals could.

Such obvious blatant discrimination seems a bit outdated to put it mildly.

Under the Equality Act, it is not unlawful discrimination for an employer to give access to benefits, facilities or services if that access is open only to married couples and civil partners.

Our view:

It is likely, following the Court of Appeal’s judgment, to be unlawful discrimination against all homosexuals, whether or not in a civil partnership, if the benefits, facilities and services offered by an employer are confined to married couples only.