The UK’s highest court has refused to hear a British school’s appeal against a landmark ruling for religious freedom in Britain.
In February, the Court of Appeal found that Christian teaching assistant Kristie Higgs was unlawfully discriminated against on the grounds of religion and belief — when she was sacked by the school seven years ago.
Her dismissal followed her private social media posts about books on sexuality and gender at her son’s school — which is different to the one where she was employed.
The Court of Appeal ruled it was “unquestionably” a disproportionate response, in a major victory for religious liberty.
SUPREME COURT DECISION SIGNALS VICTORY FOR RELIGIOUS LIBERTY
The school attempted to appeal that decision, but three Supreme Court justices rejected the school’s arguments.
That means the case is over and British Christian groups are celebrating another court ruling in their favour this year, following the earlier Court of Appeal decision and the Supreme Court’s ruling that a woman is legally defined by her biological sex.
It concludes a long and exhausting legal ordeal for Kristie Higgs.
She was dismissed from her job as a pastoral administrator and work experience manager at Farmor’s School in Gloucestershire in 2018.
THE ‘OFFENCE’ THAT UPSET THE TEACHING ASSISTANT’S SCHOOL
It followed a couple of social media posts in which she critiqued books about gender and sexuality at her son’s Church of England primary school.
She had shared the posts on a private page under her maiden name to about 100 friends, which raised concerns about relationship education at her son’s school.
In one of those private posts she made reference to “brainwashing our children.”
One of those ‘friends’ leaked her post to her employer.
WHAT THE COURT OF APPEAL AND SUPREME COURT RULED
In February, the Court of Appeal overturned an earlier ruling that had upheld Mrs. Higgs’ dismissal.
The three justices stated: “The dismissal of an employee merely because they have expressed a religious or other protected belief to which the employer, or a third party with whom it wishes to protect its reputation, objects, will constitute unlawful direct discrimination within the meaning of the Equality Act.”
They found that her dismissal constituted unlawful discrimination on the grounds of religion and belief, emphasising the importance of objective justification for disciplinary measures.
Three Supreme Court justices have now declined to review the case after the school appealed on four grounds.
They ruled the court “does not have jurisdiction” to hear three of the grounds, and the fourth “does not raise an arguable question of law.”
KRISTIE HIGGS’ REACTION TO THE FINAL RULING
Mrs. Higgs said: “I am relieved and grateful to the Supreme Court for this common-sense decision.”
“Christians have the right to express their beliefs on social media and at other non-work-related settings without fear of being punished by their employer.”
Andrea Williams, the chief executive of the Christian Legal Centre which acted for Kristie Higgs, described the outcome as a significant legal precedent:
“We welcome the Supreme Court’s decision, which brings a decisive closure to this extraordinary case.”
“CRITICAL LEGAL PRECEDENT THAT WILL RESONATE IN YEARS TO COME”
“The Court of Appeal ruling, now unequivocally upheld, powerfully demonstrated that the foundational Christian principles of free speech and religious liberty are not yet extinguished from English law.”
“The resolution of Kristie’s case establishes a critical legal precedent that will resonate for many years to come, protecting the right to express Christian beliefs without fear of reprisal.”
“The Court of Appeal’s ruling clarified that, under the Equality Act, traditional Christian beliefs on issues such as gender identity and same-sex marriage are protected.”
“Employers must demonstrate that any disciplinary action linked to the expression of these beliefs is not only justified, but also proportionate and necessary in a democratic society.”
