Independent Adjudicator Mark Shaw QC says Muslims should be able to head up the Christian Union at Exeter University

BEN Martin, the Christian student at the centre of the Exeter University Student Guild row over the Human Rights of members of the Christian Union, has today rejected the Independent Adjudication into the case as "unbalanced and selective". He will be seeking a Judicial Review in the High Court.

Mark Shaw QC, the independent adjudicator appointed by Exeter University Strongly criticised the Constitution of Exeter CU because it restricted the membership to Christians, despite the fact its meetings were open to everyone – of all faiths and none. He held it discriminatory that the CU should be run by Christians and held that the Guild policies in forcing the CU to be led by members open to other faiths was "laudable".

Last year, the Student Guild forced the Exeter Christian Union to change its name to Exeter 'Evangelical' Christian Union following one complaint (in a 50 year period) by a student. The Guild also froze the CUs bank account and wrote to them banning them from holding or advertising events on Guild premises.

On January 5, Ben Martin, a member of the Christian Union filed papers at the High Court asking for a Judicial Review of the Guild's actions under the Human Rights Act. He was subsequently informed that the University would require the CU to go through an informal internal adjudication procedure before any external procedure could be followed.

First, the University tried to impose a leading lawyer with strong connections to the National Union of Students on the CU as adjudicator. The process was then delayed to after Easter (a time when students are revising or sitting exams). Following complaints, the University brought in another barrister, this time a QC, Mark Shaw (there is no obligation to appoint a barrister, only an independent person of standing in the community).

Ben Martin said: "The university established an internal appeals process to resolve the dispute and the CU engaged with the process in full seeking a non judicial resolution of the dispute. Out of primarily public funds, the university and Guild had access to leading firms of solicitors and barristers (including QCs) whilst the CU were denied all such assistance.

"Mr Shaw determined that the process should be 'legal' rather than informal as is usually the case, and also decided that the process should deal with substantive and procedural issues of law. He also stated that the CU should be prepared to pay the costs of the university and Guild which could have been more than £50,000."

When the CU complained at the legalised process, asked for an informal process without lawyers and that they should not be subject to costs, Mr Shaw refused.

Mr Martin said: "Any criticism of this process by the CU resulted in a sharp response from Mr Shaw, together with claims that the CU was uncooperative. Only when the CU refused to continue with a process that could bankrupt them, was there a guarantee of no costs.

"Mr Shaw held that the Guild were 'laudable' in their aims, the University had no responsibility for the discrimination against Christians, and that the CU was wrong to require that those leading the CU should be Christians. That position, he said, could be held by anyone of any faith or none, provided they agree to the objectives of the CU!

"In paragraph 92 (4) of his adjudication, Mr Shaw even goes on to suggest that on the Exeter University campus, the 'Welsh Society should be open to Scottish members; the wine society open to teetotal members, the choral society should be open to non-singing members, and the cheerleading society should be open to male members ...'

"Quite frankly, reading this from a QC, you don't know whether to laugh or cry! I would advise any student who wants to use the 'informal' adjudication process to be prepared to face QCs and potential costs beyond their means"

LCF comment
At first sight this judgment appears to be a serious affront to the freedom for churches to guarantee that their children and teenagers are being taught by people who are living according to the Bible’s clear teaching about sexual morality. The law is shifting rapidly so that where there is a ‘competition of rights’ it is the homosexual’s right that trumps the Christian’s right. This is a situation that needs to be reversed. At the very least, our law should recognise conscience exemptions for Christians so that they can live according to their faith. A fuller analysis of the situation will be made once we have received a copy of the judgment.