Date: Wed, 18 Feb 1998 15:40:30 +0000
From: jgh <jgh@intonet.co.uk>
Subject: European Court says antigay discrimination is legal

1) Summary
2) How to protest to South West Trains
3) Related web sites


	The European Court of Justice in Luxembourg yesterday
ruled AGAINST a lesbian who sued her employers,
South West Trains, for the right to equal pay with
heterosexuals, including a free travel pass for her partner.

	The Court REJECTED a claim that such discrimination
was sex discrimination contrary to Article 119 of the
Treaty of Rome, which provides for "equal pay ...
without discrimination based on sex", thereby supporting
the claim of SWT *and* of the UK and French Governments,
(see paragraphs 20-22 of the full judgement).

	The Court ruled that Ms Grant had NOT been subject
to sex discrimination ... because a gay male couple
would have been treated in the same way!
The court also said that because there was no Europe-wide law
against discrimination on the grounds of sexuality,
and because different countries upheld different standards,
it could not find in Ms Grant's favour. 
It also noted that the European Commission of Human Rights
considers that despite the modern evolution of attitudes
towards homosexuality, stable homosexual relationships
do NOT fall within the scope of the right to respect
for family life under the European Convention on Human Rights.

	On a more positive note, the court said
that the Treaty of Amsterdam signed last year
and due to come into force later this year,
did give European governments the OPTION of
introducing measures outlawing discrimination
on the grounds of sexuality. 

	Lisa Grant's case was presented at the ECJ
by the Prime Minister's wife, Cherie Booth QC.
Whether her involvement in the case will have any influence
upon future government measures remains to be seen. 

	A spokesman for the UK Dept. for Education and
Employment said the Government "deplores discrimination"
and had said so in its manifesto.  It would be
"studying the ruling carefully", and aimed to play
"an active and contructive role in any proposals
the European Commission brought forward to combat
discrimination".

	The spokesman said decisively:
"We strongly believe that this should be developed
at EITHER the European OR the domestic level
and we are glad that the court agreed
that steps at the European level to combat discrimination
should be developed by legislation and not be a distortion
of the current law which relates to heterosexual relations."

	The spokesman said that David Blunkett, the Education
and Employment Secretary, would also be considering
whether discrimination based on sexual orientation
should be covered in domestic legislation.
But there were no plans for changing the law
in the current session of Parliament.



	To deplore the policy of South West Trains,
write to:

	Brian Cox,
	Chairman and Managing Director,
	South West Trains, Ltd.,
	Friars Bridge Court,
	41-45, Blackfriars Road,
	London, SEl 8NZ

Fax:	0171 620 5171		(U.K.)
	+44-171 620 5171	(International)

(The 902 3732 number publicised earlier is now unobtainable.)



See also:

	Annotated report of the case, with links:
	http://www.planetout.com/pno/newsplanet/article.html?1998/02/17/1

	BBC-onlines talking points -- cast your vote on-line
	http://news.bbc.co.uk/

	European Court SUMMARY of the case, (choice of language)
	http://curia.eu.int/en/cp/index.htm

	Full judgement of the European Court decision, (English)
	http://www.stonewall.org.uk
OR
http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&docrequire=alldocs&numaff
=C-249%2F96&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100&Submit=Submit