Gay couple turned away from B&B win discrimination case

Michael Black and John Morgan have won their legal case against B&B owner Susanne Wilkinson, who declined to let them have a double bedroom in March 2010 because of her religious views.

A judgement, issued at Reading Crown Court, has now ruled that Mrs Wilkinson had breached equality legislation by unlawfully discriminating against the couple on the grounds of their sexual orientation.

The couple, who have been awarded £3,600 in compensation, say they are "delighted" with the decision.

The court heard Mr Black, 64, and Mr Morgan, 59, were refused the room in the Swiss Bed and Breakfast in Cookham, Berkshire, in despite having made a reservation and paid a deposit.

At the time, Mr Black, an exams consultant and writer, protested at this treatment but the owner refused to allow them to stay as it was "against her convictions".

Mr Morgan, a computer consultant, said they would go somewhere else and the £30 pounds deposit was returned.

They later decided to return to their home in Brampton, near Huntingdon, Cambridgeshire, rather than seeking alternative accommodation for the night.

Today, Recorder Clare Moulder found the couple, from Brampton, near Huntingdon, Cambridgeshire, had been unlawfully discriminated against on the grounds of their sexual orientation in breach of regulation 4 of the Equality Act (Sexual Orientation) Regulations 2007.

In awarding the couple damages of £1,800 pounds each, she said that she accepted the couple had to leave the B&B "in circumstances in which they had suffered injuries to feelings and they had the inconvenience of having to drive home at the end of the evening rather than stay overnight."

Today, Mr Black said: "We are delighted with the judgement and it shows the B&B was wrong not to obey the laws of discrimination."

He added the couple still took holidays in the UK but preferred to use hotels or self-catering accomodation.

Giving evidence to the court previously, Mrs Wilkinson claimed she had been acting in accordance with her religion, and her belief that homosexual relations - as opposed to orientation - are "sinful".

She insisted she had also turned away several unmarried heterosexual couples who appeared to want the room during the day for sex.

"As a Christian I have tried to live my life and carry out my work in accordance with my deeply held Christian beliefs and to permit same sex couples to share a double room in my home would be an act against my core religious beliefs and conscience," she told the court.

Delivering her judgment, Miss Recorder Moulder said: "In my view the application of the regulations to the defendant's bed and breakfast establishment does not prevent her from holding her religious beliefs but she has chosen to operate a commercial business for financial purposes.

"The business is conducted from her home but it is still a business with a significant number of guests. I do not agree with the (defence) submission that if the restriction is unlawful the defendant would have to remove herself from public life.

"My conclusion is that the application of the regulations to the defendant bed and breakfast establishment and the finding that the refusal of the double room constituted direct discrimination, are not in breach of her (Mrs Wilkinson) Article 9 Rights."

James Welch, legal director of human rights campaign group Liberty, said: "Liberty defends the rights of religious groups to manifest their beliefs, even when we disagree with them.

"But it is simply unacceptable for people running a business to refuse to provide a service because of someone's sexual orientation.

"Hopefully today's ruling signals the death knell of such 'no gays' policies - policies that would never be tolerated if they referred to a person's race, gender or religion."

Mrs Wilkinson was granted permission to appeal against the ruling.