Bull and another v Hall and another

Bull and another v Hall and another

The Claimants: Hall and Preddy

The Defendants: Mr and Mrs Bull

The case was heard by a County Court, which issued a judgement for Hall and Preddy.

The Bulls brought an appeal against the judge’s decision.

The Court of appeal dismissed the appeal and affirmed the County Court decision.

The Bulls appealed the Court of Appeal’s decision. The UKSC dismissed their appeal.

The Bulls argued that:

o   Their policy did not constitute direct discrimination under regulation 3(1) (“direct discrimination”)

o   That their policy constituted indirect discrimination but that this discrimination was justified by the fact that their Article 9 ECHR right to "manifest their religion" was engaged.

Judgment:

The appellant’s policy constituted direct discrimination on the grounds of sexual orientation.

If the appellant’s policy constituted indirect discrimination, it is not justified.

The Equality Act (Sexual Orientation) Regulation engages Article 9 ECHR, but it is a justified and proportionate protection of the rights of others.

Reasons for the Judgment:

Lady Hale and Lord Kerr:

(Regulation 3(4)): Civil Partnership is a status similar to marriage. It only differs from marriage in that is open to homosexuals only.

Therefore refusing to grant a double room to non-married couples implies refusing to grant a room on the basis of sexuality and sexual orientation.

The practice is thus a case of direct discrimination.

Lord Neuberger and Lord Hughes:

Not only would the Appellants have refused a double room to Civil Partners (necessarily homosexuals) but also to non-married (heterosexual) couples. 

(NB Structure: Not ONLY + AUX + SUBJECT + VERB)

Therefore discrimination against the appellants is indirect.

However, nothing justifies the appellants’ discrimination against Hall and Preddy but their sexual orientation.

The appellants’ Art. 9 (ECHR) is engaged, but interference with Art. 9 is justified by the fact that the purpose of the EASOR is that same-sex couples be treated in the same way as heterosexual couples and that it is in the public interest to encourage stable relationships.