Equality is not Fairness

Yesterday Eunice and Owen Johns lost their appeal in the High Court. They had wanted to become respite foster carers but a social worker at Derby City Council had expressed concern at the couple’s opinions about homosexuality. In the words of Mr Johns, “We are prepared to love and accept any child. All we were not willing to do was to tell a small child that the practice of homosexuality was a good thing.”

In giving their verdict, Lord Justice Munby and Mr Justice Beaton said that while Christians in general might well make good foster parents, people with traditionalist views like Mr and Mrs Johns might well not. (I suppose we should ask the fifteen children the Johns fostered back in the 90s about that, but it could be a bit radical, to look at the evidence.) Anyway, breathtaking though the judges’ assessment of Christianity may be, what is really significant is what followed. The court said that while there was a right not to face discrimination on the basis of either religion or sexual orientation, equality of sexual orientation took precedence. In other words, the law is to be interpreted according to secular values. In part, that seems absolutely right; in part, it seems very dangerous, for it will mean that Christian opposition to euthanasia, for example, will have no value in law. Conscience will count for nothing.

Today we expect to hear that charging lower insurance premiums for women drivers (who cause fewer accidents and are therefore a lower risk than men) is discriminatory and contrary to our laws about sex equality. In the name of equality, therefore, premiums for women will go up, and premiums for men will go down; but the nature of the risk will not change.

Both these cases concern equality, and nothing could demonstrate more clearly that equality is not the same as fairness. I don’t know the Johns, but I have a feeling that there may be questions that are not being addressed or which have not come out in reporting of the case. Respite care is not the same as long-term fostering or adoption. It is a valuable service that comparatively few are able or willing to offer. While one applauds Derby City Council’s determination to find the best possible foster carers, one wonders whether in this instance it has not sacrificed children’s interests to a theoretical position on equality. Similarly, in the case of car insurance premiums, equality in one area must mean arbitrariness in the assessment of risk in others. Certainly, I shall be challenging our insurers to explain how they assess the risk I pose (not many male nuns around, I think).

Sometimes we work hard to achieve equality and forget that fairness is also important. I may not be alone in wondering whether our copious equality legislation isn’t producing a society that is harsher and less fair than it ought to be. What can we as Christians do about it?

Update
Since writing the above I’ve realised that many will think I am criticizing the High Court opinion about the Johns or taking issue over the suitablity of the Johns to be foster parents. I am not. I am using their case to discuss our assumptions about equality. I don’t think the Johns should have taken their case to court in the first place, but that is just my opinion and does not affect what I am trying to say about equality and fairness.

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