Grania langdon-down looks at the issues facing christian lawyers who are attempting to reconcile their faith and their profession


An increasing number of challenges to Christian beliefs and values, from the right to wear a cross at work, to the banning of a university Christian society, to ‘Jerry Springer: The Opera’, have prompted the launch of a new centre dedicated to providing legal and litigation support to those who feel they are being prevented from living in accordance with their faith.



Barrister Andrea Williams, public policy director of 150-year-old charity the Lawyers Christian Fellowship (LCF), is also director of the new independent Christian Legal Centre (CLC). This has been set up to: help individuals instruct Christian lawyers if they believe they are facing discrimination; take on cases to defend Christian principles; and lobby on legislative changes, including the Human Fertilisation and Embryology Bill.



She says the idea sprang from the fact that the LCF, which has more than 2,000 members, was receiving an increasing number of calls relating to Christian liberty issues. ‘What we want to do,’ she explains, ‘is create an effective, highly focused organisation that can address these issues with a dedicated team of lawyers.’



The CLC will raise funds to back cases. Current cases include a Trademarks Act challenge against the Voluntary Euthanasia Society’s change of name to Dignity in Dying. The CLC’s company secretary, commercial solicitor Rob Andrews, has also helped Durham residents successfully challenge a club’s lap-dancing licence.



Other recent cases have involved the right of a Christian teenager to wear a purity ring at school, the right of a British Airways employee to wear a cross at work and the right of a Christian magistrate to be exempted from cases where he may have to put a child in a same-sex household. None were successful, although British Airways subsequently changed its uniform policy to allow staff to wear religious symbols.



Michael Phillips, an associate with Reading-based Criminal Law Advocates, is a consultant to the CLC. ‘The centre is going to become increasingly important as Christians stand up for their beliefs,’ he says. ‘Society is becoming less tolerant and there is a feeling that other religions are allowed to express their faith in ways Christians aren’t.’



He successfully represented a couple in their bid to re-register as foster carers without having to promote homosexual relationships. He also represents Christian Voice director Stephen Green in his blasphemy challenge to ‘Jerry Springer: The Opera’. They have applied for leave to appeal to the House of Lords after the courts ruled that broadcasters and theatres staging live productions could not be prosecuted for blasphemy.



Mr Phillips generally has one or two Christian litigation cases on at any time. He does some pro bono work, though usually at a reduced rate. ‘There are Christian groups and individuals who are prepared to help with legal fees,’ he says.



For Mr Phillips, his faith affects every aspect of his work. ‘It affects the type of cases you do, the way you treat people and the way you go that extra mile rather than see cases as profit-making exercises,’ he says.



As society becomes increasingly secular, he says, Christian lawyers can face compromising situations. ‘Everyone faces issues of conscience at times, but I don’t think I have ever had something which has been insurmountable,’ he adds.



John Scriven, a consultant with City firm Allen & Overy, chairs the LCF. In most cases, he explains, the law and professional standards are consistent with Christian beliefs in that they maintain honesty and integrity. ‘However, although Christians providing services should never discriminate against people on the grounds of their belief or sexual orientation, in some cases the law may require Christians to promote activities which Christian faith teaches is sinful,’ he says.



‘Here the concern is that, particularly where the relevant service can easily be obtained from other lawyers, Christians should not be in the position of either having to act against their conscience or having to withdraw from practice altogether.’



But, is not arguing that Christians should not be discriminated against if they object, for example, to same-sex couples adopting, in itself discriminatory? According to the Solicitors Regulation Authority, rule 6 of the Code of Conduct follows the law in relation to discrimination, ‘except that it goes further and places a requirement on all firms and solicitors not unlawfully to discriminate against all persons in all circumstances’.



The key issue, says Mr Scriven, is that people should be able to criticise things they believe are wrong – which others can accept or reject – hence their opposition to the government’s proposed incitement to hatred laws.



‘We continue to argue against measures, whether in relation to religion or sexual orientation, which could prevent people from expressing critical views about the beliefs and lifestyles of others,’ he says. ‘Christian faith is based upon the free will of the individual to accept or reject Christian belief and all that follows from it. This freedom is a foundation of a free and democratic society.’



Ms Williams maintains the issue is not homosexuality. ‘I am absolutely against any unjustified discrimination and, as a Christian, I believe everyone is made in God’s image and is precious, no matter what their sexuality is,’ she says.



However, she adds that the Bible is clear about marriage and family life. Ms Williams is concerned that the law is becoming increasingly incompatible with biblical teaching, which will lead to more issues of conscience for Christian lawyers. ‘Doctors have a conscience clause so they can refuse to carry out abortions,’ she says. ‘The sexual orientation regulations don’t provide a conscience clause.’



While members of the LCF make personal statements of faith, law firms can show their commitment through the Association of Christian Law Firms. Set up in 1990, it requires all partners to sign a declaration that they practise as lawyers ‘under the lordship of Jesus Christ’.



The association has about 30 members. One of the largest is 21-partner Birmingham practice Anthony Collins, which boasts the largest social housing, charities and community regeneration operations outside London, alongside its commercial and private client teams.



The association’s new chairman is Robin Gambles, private client partner with Reading-based general practice Hewetts. He says that how members develop their own firm’s ethos will vary but, typically, this will involve regular ‘share and prayer’ meetings.



Some clients come to his firm because they have heard it is a Christian practice. ‘Others discover we are once they come to see us, others don’t find out at all,’ he adds. ‘Our caseload is typical of a small provincial town practice. We never turn anyone away but we are completely open as to where our inspiration and motivation comes from so clients can decide if they want us batting for them. As with most firms, we do a certain amount of pro bono work, but more often we do work at a reduced fee.’



When it comes to employing staff, Mr Gambles says firms must abide by the law. ‘Depending on the strictness of a particular law firm’s Christian ethos, and perhaps strength of Christian clientele, it is possible that the ‘genuine occupational requirement’ exception might apply to that particular firm on the facts of a particular vacancy,’ he says.



‘However, we have a very stable staff, so issues over recruitment don’t arise very often. Some years ago we took on a solicitor who wasn’t of the Christian faith but was supportive of our ethos.’



So how does his faith affect the way he practises law? ‘Fighting for justice is a key Christian imperative, but so is being a peacemaker and you have to balance the two,’ says Mr Gambles. ‘You can’t allow someone to be trampled upon, but equally you can’t do the trampling.



‘I want to be a transparent and warm Christian. But I don’t keep mentioning it. If it is relevant, I might say if I don’t believe something is right and explain why. But I don’t regard my job as a platform for the proclamation of the Christian faith. I see my job as a means of living out my faith in a transparent way.’



Jonathan Croucher says his faith underpins his life and ambitions. He moved from being a partner with Anglo-German law firm Taylor Wessing to being its director of human resources, in part because he wanted to be ordained as a priest and needed more flexibility at work.



He does not believe his life has changed in terms of being open about having a strong faith. ‘For myself, being ordained is very public – for example, I robe for, and have preached at, our firm’s annual carol service.’



He is wary, however, about saying that faith makes a difference to the type of lawyer a person becomes. ‘As an employment lawyer, I was a great believer in convincing clients that treating people with compassion was the most satisfactory course – fortunately, that was almost certainly the best way of complying with the law and mitigating liabilities,’ he says.



‘I am sure that this came from my personal ethic and belief, but I know plenty of compassionate people who wouldn’t profess any faith.’



And he concludes: ‘I fear there will be as many poor Christian lawyers as there are non-Christian ones.’



Grania Langdon-Down is a freelance journalist