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Sex discrimination: Equal Treatment Directive does not prohibit discrimination based on sexual orientation

This report relates to 1 case(s)

The ruling by the European Court of Justice in Grant v South-West Trains Ltd that Community law as it stands at present does not cover discrimination based on sexual orientation was decisive of the question whether or not discrimination "on grounds of sex" within the meaning of the EC Equal Treatment Directive includes discrimination based on a person's sexual orientation, holds the High Court in R v Secretary of State for Defence ex parte Perkins (No.2) [1998] IRLR 508. Accordingly, the High Court considers itself bound to withdraw its reference of that question to the ECJ.

Mr Perkins sought judicial review of the decision to discharge him from the Navy because he is gay, in accordance with the armed forces' policy.