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Joined religious liberty cases await European ruling.

Published: Monday, January 14, 2013

Four religious liberty cases are awaiting a ruling from the European Court of Human Rights.

Four claimants, who are being represented by top human rights barristers, are awaiting a ruling from the European Court of Human Rights (ECHR) on their joined religious liberty cases. The four claimants are Nadia Eweida, Lilian Ladele, Gary McFarlane, and Shirley Chaplin.

Nadia Eweida was suspended without pay by British Airways for wanting to wear a cross. She instructed Tom Ellis of Aughton Ainsworth and James Dingemans QC of 3 Hare Court.

Christian marriage registrar Lilian Ladele was threatened with dismissal when she refused to conduct civil partnership ceremonies. She instructed Ormerods partner Mark Jones and Blackstone Chambers silk Dinah Rose QC.

The charity Christian Legal Centre has instructed specialist religious liberty barrister Paul Diamond to represent Relate counsellor Gary McFarlane, who was dismissed for gross misconduct when he said his Christian beliefs made him unsuitable to provide therapy for a gay couple, and nurse Shirley Chaplin, who was told she must remove her confirmation cross.

The claimants in the employment cases are seeking clarity from the ECHR on how their freedom of religion is protected by the UK Government’s current stance.

All four were told by UK courts that they had no protection under the Equality Act.

The state has instructed James Eadie QC of Blackstone to argue that where an employee is put under pressure to go against their religious belief, that person’s freedom of religion is protected because they are free to resign.

Judgment is expected to come down on Tuesday and will be closely watched by both the National Secular Society and the newly reformed Lawyers Secular Society, which referred to the case last week.

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