Relate therapist Gary McFarlane loses appeal bid

A relationship counsellor's bid to challenge his sacking for refusing to give sex therapy to gay couples has been turned down by the High Court.

Gary McFarlane, 48, from Bristol, was sacked by Relate Avon in 2008. He claimed the service had refused to accommodate his Christian beliefs.

Lord Justice Laws said legislation for the protection of views held purely on religious grounds cannot be justified.

He said it was irrational and "also divisive, capricious and arbitrary".

Mr McFarlane said after the hearing that the decision not to let him appeal against the ruling left him "disappointed and upset".

'Strongly-held'

"I have the ability to provide counselling services to same sex couples," he said.

"However, because of my Christian beliefs and principles, there should be allowances taken in to account whereby individuals like me can actually avoid having to contradict their very strongly-held Christian principles."

Former Archbishop of Canterbury Lord Carey had earlier called for judges with a "proven sensitivity and understanding of religious issues" to hear the case.

Lord Carey said recent decisions involving Christians by the courts had used "dangerous" reasoning and this could lead to civil unrest.

Lord Justice Laws said Lord Carey's views were "misplaced" and judges had never likened Christians to bigots, or sought to equate condemnation by some Christians of homosexuality with homophobia.

'Commitment to equality'

He said it was possible that Lord Carey's "mistaken suggestions" arose from a misunderstanding of the law on discrimination.

As to his concerns over a lack of sensitivity on the part of the judiciary, Lord Justice Laws said this appeared to be an argument that the courts ought to be more sympathetic to the substance of Christian beliefs and be ready to uphold and defend them.

Mr McFarlane started training with Relate in May 2003 and said he enjoyed good relationships with clients and colleagues.

He was suspended in October 2007 after meetings with his manager, in which he claimed he was asked to state his views regarding same-sex couples. He was later sacked.

Last November Mr MacFarlane lost his appeal against unfair dismissal.

Relate said at the time that the judgement validated its "commitment to equality of access to our services".

"Our primary consideration is to our clients who often need complex advice and assistance. We cannot allow anything to damage our clients, or to undermine the principle of trust that underpins our work," its statement said.