However, the Tribunal decided that although Mr Reaney was not applying for a job as a clergyman, the post of Diocesan Youth Officer did fall within the "very narrow" exception for which the Church of England could discriminate on the grounds of sexual orientation. This was a valuable decision for all churches - Stonewall had argued aggressively that churches should not be able to refuse to employ practising homosexuals in any jobs other than the clergy.
Churches that want to protect the integrity of their ministry should therefore be able to do so, providing the job they are recruiting for involves the employee being "closely associated with the promotion of the Church." In such a case, it is likely they can ensure that the employee is not a practising homosexual.
However, specifically in relation to the Church of England, the Tribunal drew one key distinction between clergy and non-clergy posts, by saying that "we do not think it would be in accordance with the Issues [in Human Sexuality] statement to require [unmarried] lay persons to commit to celibacy." Sadly, the equivocal position of the Church of England means that the courts have said that the most that Anglican churches can require of lay employees is that they are not in a practising homosexual relationship during the employment. Lay employees cannot be expected to be repentant about past homosexual behaviour, or to acknowledge that such behaviour was wrong. Of course, this position would change if the House of Bishops and General Synod were to revise the Issues on Human Sexuality statement and strengthen its requirements. Thankfully this part of the judgment does not apply to denominations outside of the Church of England.
It was only at the final hurdle that the Tribunal, surprisingly, decided that the Bishop had fallen. The Tribunal, in its infinite wisdom, held that the Bishop was wrong to take the view that Mr Reaney did not meet the Church of England's requirements in relation to sexual morality. The Diocese was consequently found to have acted unlawfully. The Tribunal held that "there was no good reason to consider Mr Reaney did not at the present time meet the [Church of England's] requirement."
The court implied that providing Mr Reaney was single on the day of the job interview and declared an intention to remain single, then he fulfilled the Church of England's requirements - a position which they said was "wholly logical and rational because the future is not known to any person."
Comment
The Tribunal's argument that Mr Reaney fulfilled the Church of England's requirements "because the future is not known to any person" is specious. It was perfectly reasonable in the circumstances for the Bishop to listen to Mr Reaney's comments about his current and future intentions in the light of the substantial past evidence (particularly his long-term homosexual relationship that had ended weeks before applying for the Hereford job), and conclude that Mr Reaney did not satisfy the "Issues in Human Sexuality" document.
The Church of all places is called not to tolerate sin or unrighteousness. In a spirit of grace and love the Church should require the highest standards of Christian integrity. Where applicants to positions of authority within the Church display a lack of acceptance of the clear teaching of the word of God, either through their speech or their behaviour, they should not be employed.
The judgment in this case shows that where the issue at hand is homosexuality, the Church can legitimately refuse to employ a practising homosexual lay person but it may be difficult for Anglican churches if that person gives a verbal assurance that they will remain single throughout the duration of the post, however strongly the evidence indicates to the contrary.
It is to be hoped that the Church of England will have the courage and conviction to appeal this decision to the Employment Appeals Tribunal. It is also to be hoped that the Anglican Church will make clearer its position on the requirements relating to sexual morality for lay employees. Its current position makes it very hard for Christians like Bishop Anthony Priddis to uphold the orthodox teaching of the Bible. The judgment also shows the importance of all denominations having clearly stated positions on the issue of sexual morality in relation to employment. A lack of such a document can leave churches vulnerable to legal action.
