Sex discrimination: Armed Forces' ban on homosexuals referred to ECJ
This report relates to 1 case(s)
R v Secretary of State for Defence ex parte Perkins  IRLR 297 HC (2 other reports)
In R v Secretary of State for Defence ex parte Perkins  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  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.