House of Lords Permits Sex Discrimination Claim By Minister

Great Britain's House of Lords has overturned a decision of Scotland's highest court, the Court of Session, and has permitted a minister to assert a claim for sex discrimination in employment, according to Personnel Today. Helen Percy claimed she lost her clergy position with the Church of Scotland after having sexual relations with a church elder, even though the church had "not taken similar action against male ministers who are known to have had/are having extra-marital sexual relationships". In Percy v. Church of Scotland Board of National Mission, (Dec. 15, 2005), the House of Lords in a 4-1 decision held that a minister is an employee protected by the Sex Discrimination Act of 1975. The 1921 Church of Scotland Act gives the church the right to govern its own affairs on "matters spiritual. But the House of Lords held that "a sex discrimination claim would not be regarded as a spiritual matter even though it is based on the way the church authorities are alleged to have exercised their disciplinary jurisdiction".