# "We will not condone your perversion" (kinda lame OP)

**URL:** <https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958>\
**Category:** The BBQ Pit\
**Created:** [June 30, 2004, 10:20pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958 "2004-06-30T22:20:07Z")\
**Posts on this page:** 5\
**Page:** 3

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**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\
**Post date:** [July 1, 2004, 5:52pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958/41 "2004-07-01T17:52:11Z")

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> [@Larry Mudd](#):
>
> The last line of the linked article implies that there is no law protecting gays from discriminatory practices:

What is probably being refered to by the unnamed ‘gay groups’ is that there is no legislation referring specifically to homosexuality, but that it has simply been incorporated into sex discrimination through case law - a situation which many people (such as the B&B owner in question) are ignorant of. Essentially, there won’t be true equality in the eyes of the law until gay marriages are fully recognised.

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**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\
**Post date:** [July 1, 2004, 6:20pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958/42 "2004-07-01T18:20:11Z")

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> [@GorillaMan](#):
>
> …there is no legislation referring specifically to homosexuality, but […] it has simply been incorporated into sex discrimination through case law.

Do you have a link to the relevant case law?

Everything I’ve been able to find seems to suggest this is no longer the case:

[Scottish court overturns gay discrimination ruling.](http://www.personneltoday.com/Article9232.htm)

> [@](#):
>
> In a two to one majority, the court held that the old orthodoxy should be restored, namely that “sex” in the Act means gender. The majority held that the Act does not prohibit discrimination on the grounds of homosexuality and overturned the EAT decision.

[Who is protected from discrimination…?](http://www.eoc-law.org.uk/cseng/recruitment_and_selection/3.who_is_protected_from_discrimination_in_recruitment_and_selection.asp?PrintIt=yes)

> [@](#):
>
> Gay men and lesbians who are subjected to discrimination on the ground of their sexual orientation can only bring a claim under the SDA if a homosexual person of the opposite sex was, or would have been, more favourably treated. Because the comparison has to be with a gay person of the opposite sex, this enables an employer to argue that there was no less favourable treatment of the applicant on the grounds of her sex because a gay employee of the opposite sex would have been treated equally badly. In such cases it is arguable that the employment tribunal should require the employer to produce evidence that it behaves equally badly to all gay employees.

Has there been a more recent, less Kafka-esque decision?

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [July 1, 2004, 6:35pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958/43 "2004-07-01T18:35:08Z")

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> [@](#):
>
> “We do not have a problem with your personal sexual deviation, that is up to you. You are welcome to our twin room if you wish, but we will not condone your perversion.”

What’s to prevent anyone from getting a twin room and pushing the beds together?

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**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\
**Post date:** [July 1, 2004, 7:49pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958/44 "2004-07-01T19:49:37Z")

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> [@GorillaMan](#):
>
> What is probably being refered to by the unnamed ‘gay groups’ is that there is no legislation referring specifically to homosexuality, but that it has simply been incorporated into sex discrimination through case law - a situation which many people (such as the B&B owner in question) are ignorant of. Essentially, there won’t be true equality in the eyes of the law until gay marriages are fully recognised.

**Larry Mudd** questions this w.r.t. Scotland. For comparison purposes and interest’s sake, I should point out that what’s described above is more or less how sexual orientation is protected by the Canadian Charter of Rights and Freedoms.

Section 15 of the Charter guarantees “equal protection and equal benefit of the law without discrimination and, in particular, without discrimination on the basis of race, national or ethnic origin,”…, etc., but without specifically mentioning sexual orientation.

In [_Egan v. Canada_](http://en.wikipedia.org/wiki/Egan_v._Canada), the Supreme Court found that sexual orientation was analogous to the enumerated grounds, and that the Charter therefore banned discrimination based on it (even though it didn’t happen to be one of the grounds that was _specifically_ enumerated).

Charter cases surrounding gay rights have since been based on _Egan v. Canada_, and the case is said to have “read in” sexual orientation into the Charter.

I should point out that a couple of provincial and territorial non-discrimination statutes ban sexual orientation discrimination explicitly, including Quebec’s Civil Code and the relevant act in the Northwest Territories. (Nunavut is trying to do likewise, which is causing some controversy.)

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**Author:** ![Larry\_Mudd](https://avatars.discourse-cdn.com/v4/letter/l/f14d63/32.png) [@Larry\_Mudd](https://boards.straightdope.com/u/Larry_Mudd)\
**Post date:** [July 2, 2004, 6:24pm UTC](https://boards.straightdope.com/t/we-will-not-condone-your-perversion-kinda-lame-op/252958/45 "2004-07-02T18:24:13Z")

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What a prompt response:

> [@VisitScotland](#):
>
> Dear Mr Taylor
> 
> Thank you for your email dated 1st July 2004 regarding the Cromasaig Guest House.
> 
> It is the sole responsibility of the proprietor to ensure that their website entry is accurate. However, please be assured that we have asked Mr Forrest to discontinue referring to the Quality Assurance award when promoting his property. Should he fail to remove all reference to a previous award then formal procedures will be to be followed.
> 
> Thank you for bringing this matter to our attention.
> 
> Yours sincerely
> 
> Michelle Jarvie  
> Customer Liaison Advisor  
> Quality & Standards  
> VisitScotland

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