By Emily Alpert
1:14 PM PST, January 15, 2013
A Christian employee was wronged when British Airways insisted she remove the small cross she wore around her neck, the European Court of Human Rights ruled Tuesday.
But judges rejected claims by three other British Christians who claimed they had been discriminated against in the workplace, including two who had refused to provide their services to couples of the same sex.
Religious freedom is “one of the foundations of pluralistic, democratic societies,” the European court wrote, but religious freedom can nonetheless be restricted where it “impinges on the rights of others.”
Judges decided 5-2 in favor of Nadia Eweida, who was sent home without pay for violating the British Airways uniform code more than six years ago. At the time, its rules banned any visible jewelry. Eweida returned to work several months later after the company changed its policies, but continued to press her case against the British government for failing to protect her freedom of religion.
The European court found that British courts had failed to strike a fair balance between her rights and British Airways’ wish to “project a certain corporate image.” Other employees had already been allowed to wear other kinds of religious apparel, including turbans and head scarves, without any impact on the British Airways brand, it added. The court ordered the British government to award Eweida more than $2,600 in damages and $40,000 for expenses.
“I feel vindicated, that Christians have been vindicated, both here and in Europe as well,” Eweida told the BBC after the decision was issued, a cross visible around her neck.
Prime Minister David Cameron tweeted that he was “delighted” by Tuesday's decision, a rare bit of British government praise for the European court. The ruling was also cheered by rights groups.
“Nadia Eweida wasn’t hurting anyone and was perfectly capable of doing her job whilst wearing a small cross,” said Shami Chakrabarti, director of the civil liberties group Liberty. “British courts lost their way in her case and Strasbourg has actually acted more in keeping with our traditions of tolerance.”
Religious conservatives were also pleased Eweida had triumphed, but their enthusiasm was dampened by the fact that the European judges turned down the three other discrimination claims. Although it sided with Eweida, the court said a British hospital was justified in barring a nurse from wearing a crucifix because it could touch an open wound or a patient might pull on it. Protecting health and safety were more weighty reasons to ban the cross than buffing a corporate image, it concluded.
Judges also rejected the claims of a relationship counselor and a former registrar who balked at providing their services to same-sex couples. The counselor was fired for violating company policies that he had agreed to; the registrar was disciplined and warned that if she did not perform civil partnerships, she would be terminated.
Christian groups argued that other registrars could have performed the service. “What this case shows is that Christians with traditional beliefs about marriage are at risk of being left out in the cold,” said Mike Judge, spokesman for the Christian Institute, in a statement Tuesday.
Gay and lesbian advocates said the verdict promises to help stop discrimination against partners of the same sex. Gay couples are frequently refused marriages and other services elsewhere in Europe, said Evelyne Paradis of the International Lesbian, Gay, Bisexual, Trans and Intersex Assn.
The three people whose cases were rejected are now planning to appeal to the Grand Chamber, the BBC reported. The chamber is a higher panel of five judges that would deliver a final judgment.
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