From: Anya Palmer <[email-masked]>

Press Release
13 March 1997
For immediate use

Euro Court to rule on gay ban
High Court accepts that MoD ban may breach Euro law

A gay man who was dismissed from the Navy today had his case referred 
to the European Court of Justice for a ruling.  The man, Terry Perkins, 
was dismissed on grounds of his sexuality in November 1995.

The High Court accepted today that the ban may be in breach of European
Community law, and said that the European Court of Justice must decide
whether discrimination on grounds of sexuality is sex discrimination
contrary to the Equal Treatment Directive, and if so, whether this also
applies to the armed forces.

A hearing is likely later this year; a decision is likely within 18
months.  If Perkins wins:

*   it would be unlawful for any employer to discriminate on grounds of
    sexuality
*   the armed forces ban would be overturned with immediate effect
*   compensation claims by those dismissed on grounds of sexuality 
    could  be substantial

In principle compensation claims could be made by any gay man or 
lesbian dismissed on grounds of sexuality since 1976.

Last year the European Court held that it was sex discrimination in
breach of the Equal Treatment Directive to dismiss a transsexual who
underwent a sex change.  The judge today, the hon Mr Justice Lightman,
suggested there was a strong possibility that Perkins would win in
Europe.  He said: 

    "After the decision in the [transsexual] case, it is scarcely 
    possible to limit the application of the Directive to gender 
    discrimination ... there must be a real prospect that the European 
    Court will take the further courageous step to extend protection to 

    those of homosexual orientation... all that may be required is 
    working out and applying in a constructive manner the implications 
    of the Advocate General's Opinion and the judgment in the 
    [transsexual] case."

Angela Mason, Executive Director of Stonewall, today called on the
Ministry of Defence to suspend the ban pending the European Court's
ruling.  She said:

    "The days of this iniquitous ban are now almost certainly numbered. 
 
    The MoD should suspend the ban immediately, to limit the taxpayer's 

    liability to compensation claims and to give themselves time to 
    prepare for the day when the ban is lifted - which could now be 
    little more than a year away."

Ends.

Stonewall
16 Clerkenwell Close
London
EC1R 0AA

Tel. 0171 336 8860
Fax. 0171 336 8864

http://www.stonewall.org.uk