European Commission targets religious freedom and the definition of marriage

Introduction

The European Commission has initiated infringement proceedings against 11 EU countries it accuses of being in breach of EU law. One of these countries is Ireland. This action is clearly interference in the laws of the member states. If successful, it will threaten family laws across the EU, leading to possible recognition of gay marriage, and could have profound implications for religious freedom. We will look at the action of the Commission below.

David Quinn
Director

Religious freedom and the Commission:

The European Commission has just sent the Irish Government a ‘Reasoned Opinion’ accusing Irish law of being out of line with an EU equality directive. This has potentially very far reaching implications because one of the Irish laws being targeted allows religious schools, hospitals etc permission not to hire prospective employees who they deem might be harmful to their ethos. This exemption from equality legislation is vital to the religious freedom of these organisations.

The action has been taken by the Commissioner for employment, social affairs and equality, Vladimir Spidla, former Prime Minister of the Czech Republic. Similar opinions have been sent to ten other countries. If the Commission does not receive a satisfactory response, Ireland can be taken before the European Court of Justice and if found to be in breach of EU law, it can be fined. It would then remain to be seen whether or not Ireland would narrow the exemption the Churches currently enjoy from aspects of equality legislation.

This exemption was negotiated a number of years ago to the satisfaction of the Government, the Churches and the other religions. The exemption was upheld by the EU’s Council of Ministers and became part of EU law. The European Commission now believes the exemption is too broad.

Marriage:

The European Commission is also targeting family law with its interpretation of the Equality Directive. Family law is not supposed to be a competence (or power) of the EU, but the Trojan Horse it is using to interfere in family law is its power in the area of anti-discrimination and equality.

The German Government has been told that the form of civil union it has made available to same-sex couples is in breach of the Equality Directive because it doesn’t confer on same-sex couples all of the rights of married couples. It has been told to make amends but is resisting. Same-sex couples can enter civil partnerships in Germany.
Ireland, as we know, plans to introduce some form of civil unions for same-sex couples. Now we know that if this is not exactly the same as marriage the European Commission will almost certainly instruct it to make it the same as marriage or face the consequences.

Leaders of Germany's Christian Democratic Party (CDU) have condemned this move as a sweeping and unjustified attack on the principle of subsidiarity and an unwarranted extension of the competencies of EU law. Peter Ramsauer, CSU (Bavarian Christian-Social) group whip in the German federal parliament, told a German daily newspaper that he believed that the Commissioner "obviously hasn't got a clue about German ideas with respect to subsidiarity," the EU principle that government power ought to reside at the lowest feasible level.

He added: "While we are talking about susidiarity control, Špidla does the blatant opposite." Ramsauer announced his party in the Bundestag plans to tie ratification of the Treaty of Lisbon to a resolution on subsidiarity control. His party colleague Markus Söder, Bavarian minister for European affairs, said that tightening German anti-discrimination law was "not feasible in Bavaria".

Conclusion:

The European Commission, by an act of political fiat, is changing the goal posts, and arguing that the exemptions granted to such bodies are “too broad”. The implications are sweeping. Overnight, this would represent a huge blow to the concept of religious freedom. Indeed, given the totally undemocratic nature of the move, it represents something of a hammer blow to any sort of freedom. Don't forget that there has been no democratic sanction for this action on the part of Commissioner Spidla; he has taken this action without any need to consult with our Government, or indeed any other Government. (Ten other governments have received similar notices informing them of the way they are, in the opinion of the Commission, not complying with an EU equality directive).

This is an appalling over-reach by the European Commission and needs to be condemned as such. The Commission, as a matter of course, should allow the individual member-states to interpret EU directives more or less as they see fit. Secondly, it should not interfere in family law by any ruse whatsoever which is what it is doing here.

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