Nothing controversial about that at all. Clearly religionists cannot expect carte blanche to avoid the law and exemptions were always meant only to cover the direct religious roles.

Looks from this as if a gay RE teacher could still be sacked from a church school, or am I mistaken?

I was struck by this phrase
"the application is a proportionate means of avoiding conflict with the strongly held religious convictions of a significant number of the religion’s followers."

So how is "a significant number" defined? For example - a significant number of Christians in the Church of England might think that gay bishops are wrong. Equally a significant number might think that it is not a problem.

If there is such disagreement within the church over these "strongly held religious convictions" how does the court make sense of that?

Simon

Fr Mark

Not merely an RE teacher, but any teacher. Though it depends on exactly what kind of church school is involved.

School Standards and Framework Act 1998 Clause 60, para 5 applies to "voluntary aided" schools only.

60 Staff at foundation or voluntary school with religious character...

(5) If the school is a voluntary aided school—

(a) preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—

(i) whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or

(ii) who attend religious worship in accordance with those tenets, or

(iii) who give, or are willing to give, religious education at the school in accordance with those tenets; and

(b) regard may be had, in connection with the termination of the employment of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

Thanks for the clarification, Simon.