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Sex discrimination: Armed Forces' ban on homosexuals referred to ECJ

This report relates to 1 case(s)

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    R v Secretary of State for Defence ex parte Perkins [1997] IRLR 297 HC (2 other reports)

    • ECJ sexual orientation reference withdrawn

      Date:
      1 September 1998

      In R v Secretary of State for Defence ex parte Perkins (No.2) (13 July 1998) EOR81D, the High Court has withdrawn the reference to the European Court of Justice in respect of whether it is contrary to the EC Equal Treatment Directive to discriminate based on a person's sexual orientation.

    • Sexual orientation discrimination to ECJ

      Date:
      1 May 1997

      In R v Secretary of State for Defence ex parte Perkins (13 March 1997) EOR73B, the High Court refers questions to the European Court of Justice relating to whether discrimination on grounds of a person's sexual orientation is discrimination on grounds of sex contrary to the Equal Treatment Directive.

In R v Secretary of State for Defence ex parte Perkins [1997] IRLR 297, the High Court refers three questions to the European Court of Justice concerning the compatibility with the EC Equal Treatment Directive of the Armed Forces' longstanding policy of discharging any person of homosexual orientation. In the Court's view, following the ECJ's decision in P v S and Cornwall County Council [1996] IRLR 347 that the Directive protects transsexuals against discrimination, there must be a real prospect that the ECJ will extend such protection to persons of homosexual orientation.