Memorandum submitted by Kay Statter (CJ&I 330)
I have learned that there is to be an amendment to the Criminal Justice and Immigration Bill which would make it an offence to "incite hatred on the grounds of sexuality". I understand from the record of the debate that several MPs expressed concern on the part of their constituents that such an amendment might seriously impinge on freedom of speech.
I am writing to add my voice to that concern. As a Christian I believe that we should show respect and concern for all people, irrespective of their lifestyle, beliefs and sexual practices and I believe it is wrong to subject people to insults and taunts and violent behaviour because of their background, beliefs or practices. However I also believe that members of faith groups should maintain the right to express sincerely held views that are orthodox within their traditions in a calm and dignified way. The danger in introducing a "hate crime" is that the expression of such views becomes open to interpretation.
Christians are commanded to love their neighbour as themselves, which would prevent us from using deliberately unkind words or actions, but we are also taught in the Bible that God has ordained human sexuality to be expressed in marriage between one man and one woman and that all that falls outside of this is "sinful", ie displeasing to God. We fully recognise that our present society does not share this view. However, society's attitude does not alter the fact that this is a perfectly legitimate view and as such is worthy of recognition and should not become subject to a law that can be interpreted in such a way as to criminalise it.
If passed such a law would move those responsible for law enforcement from a position of making judgements about actually violent behaviour and speech to policing what people are thinking and feeling. The law is already adequate to protect us from assault and from threatening words and behaviour and the law concerning incitement to commit a criminal offence would make it an offence for any person to incite an act of violence against another person for whatever reason.
There have been a number of cases in the last two years in which Christians have been arrested or investigated or disciplined for expressing their views on homosexuality. None of those expressions was aimed at any particular person or group, nor were they malicious in tone or intent, but were plain statements of a morality sincerely held by those people to be true. Although in several cases there were ultimately apologies or reversals these examples show that there is already confusion about what is legitimate opinion and what is truly criminal or unacceptable behaviour.
In summary I believe that the proposed amendment is unnecessary and could do untold harm to freedom of speech and indeed to freedom of conscience in this country.
While I would defend the right of homosexuals to be free to live their lives without harmful taunts and threats I also defend the right of people with sincerely held views about the right and wrong of sexual behaviour to express those views in a seemly manner. As the Committee gathers its evidence and prepares for debate please could serious account be taken of the need to maintain this freedom of expression.
October 2007 |