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Old 23-04-2011, 16:07   #253
martyh
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Re: Gay couple claim they were ejected from pub for kissing

Quote:
Originally Posted by Mr Angry View Post
Context Chris, context.

The christian minister / church analogy is a perfectly defensible (as such - non prosecutable) scenario in that those doing as you posit are quoting the "word" of a third party in the context of their job.

They could, arguably, offer the defence that they are exercising their religious freedom (ironically also protected under the Public Order Act).

Marty

Section 5 of the Public Order Act "Harassment, alarm or distress" makes no mention of "intent". The offence is prosecutable whether intentional or not.
It is a defence ,as stated in the act ,that a person has no reason to believe that someone is likely to be caused harassment,alarm or distress ,in other words ..did not intend offence to anyone .It also has to be noted that to cause distress or harassment by saying something like "i don't like gays" has to be directed to someone ,simply stating an opinion in general cannot cause either .If a person says "i don't like you because you are gay"you may have a point especially if it is said in a threatening manner
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