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Managing Tensions at the Interface of Sexual Orientation and Faith
- 1. Research findings and implications Managing the interface: sexual orientation and faith Ian Gittens
- 2. Research aims and objectives Address the research gap and: • gain a better understanding of the experiences and challenges in the workplace and learner environment • explore issues relating to conflicts/interrelations between sexual orientation and faith/belief • use the findings to develop practical guidance for the FE and HE sectors in England.
- 3. Methodology • Mix of quantitative and qualitative • Literature and research review • Two online surveys - staff and learners (797) • 1:1 interviews (43) 7 stakeholder organisations • Focus groups (10 with 111 participants)
- 4. Staff profile LGB and heterosexual staff in the survey : • 49% of bisexual staff in the survey worked in a university; 13% in FE • 52% of gay men in the survey worked in a university; 11% in FE • 32% heterosexual people surveyed worked in university; 48% in FE • 56% of lesbian women in the survey worked in a university; 16% in FE • 15% of university staff preferred not to indicate their sexual orientation along with 58% of those working in FE
- 5. Interface operates at 6 levels • Within individuals • Between individuals • Between groups and individuals • Between groups • Between groups and organisations • Between organisations
- 6. Staff survey findings • 20% saw no particular challenges in managing relationships between LGB staff and staff of different faiths /beliefs • 31% did not think there were tensions or conflicts between LGB staff and staff of faith/belief • 30% perceive good relations between staff and learners of different sexual orientation and those of different faiths or beliefs; 4% disagreed • 42% of Christians and 22% of those with no faith/ belief agreed that good relations existed in their workplace; nearly 25% of LGB staff agreed with this view • no clear evidence of structured approaches to applying policies and procedures to resolve tensions/conflicts.
- 7. Staff views ‘We need to anticipate the likelihood of this type of problem getting worse. I need a …policy to help me deal with it and then I need training to help me implement the policy effectively. I want to be able to put gay learners at ease and make sure that no one is allowed to exclude anyone in the group. I will need to challenge the homophobia, and that is quite scary.’ ‘This is where the core values of the university take precedence over diversity. We are being asked to choose between competing differences. Whose freedom takes precedence here – the gay learner or the religious learner who objects to being in contact with them? The university equality policy should make this clear and confront this type of issue. We are not talking about an approach to diversity that is about the survival of the fittest. It should be about respect for difference, within a context of academic and other policy laid down by the university.’
- 8. Staff views ‘There is ignorance, misunderstanding and confusion as to the differences between beliefs or faiths and how sexual orientation can be openly discussed in the college. This creates and intensifies the challenges that emerge in the organisation.’ University, West Midlands ‘We have some staff and volunteers with strong Christian or Muslim beliefs which mean they find issues of sexual orientation difficult.’ Sixth Form College, North East ‘There is an assumption that lesbian, gay and bisexual staff are not religious. I am Christian and bisexual. I get harassment from both straight and gay people all the time for having a belief in the first place, or for making a mockery of their beliefs by not being straight.’ University, Greater London
- 9. ‘There is not any tension between the two groups that we are aware of. I think this is because we take a secular position. We do have a very small number of staff who refuse to undergo equality and diversity training on sexual orientation on religious grounds and we are in active discussion with them about it. But this is a handful of people in the whole college. There does not seem to be any real tension between the strands’ Vice Principal, FE college
- 10. Learner survey findings • 41% perceive mutually respectful relationships between LGB learners and those of different faiths/beliefs • 9% had experienced tensions or conflicts between staff and learners of different sexual orientations and those of different faiths or beliefs • 9% experienced conflicts between staff and learners based on these characteristics; 65% said they had not • 60% said the relationship between equality LGB and faith/belief equality had no impact on learning quality; 7% positive effect, 4% negative effect.
- 11. Managing learner complaints ‘I was concerned that my fears would simply be rubbished by someone who fundamentally failed to understand them and was not willing to make any effort to understand them. I had complained earlier and was ignored. I also witnessed staff attitudes to students that complained.’ FE College, London ‘Unfortunately, I had no firm tangible evidence to take my concerns through to a complaints process. However, I have voiced my concerns, which were listened to, but failed to have actions taken.’ University, South West region ‘[I attend a] Christian dominated university - although a secular institution there is a very strong Christian tradition. Who do you turn to when you feel that Christian 'values' are persecuting you as a gay pagan? Dilemma’. University, South West region
- 12. Managing the interface ‘LGBT and religion are kept in the closet with the door padlocked. I suggested Student Learning advisors should discus a LGBT leaflet in a 121 with each student so LGBT students would feel staff were friendly and homophobes would realise their attitude was unacceptable. Staff stated it was not necessary.’ FE College, London ‘[The] LGBT society has a faith section in their handbook and website; they also have faith related activities. They are working with the Student Union and the multi-faith chaplaincy to gain support and make their activities more high profile etc.’ University, South West
- 13. Examples of effective practice • Multi-faith centre in NW English university • Chaplaincy in an East of England FE college • Chaplaincy in NE English FE college • Security guard training in SW English university • Numerous students’ unions - debates, joint campaigning
- 14. Role of the law • Law likely to support a provider requiring an individual to comply with an equality policy with which they disagree so long as doing so is a proportionate and justifiable means of achieving the legitimate aims of promoting equal opportunities and tackling discrimination • Tribunals reluctant to give latitude to homophobic actions apparently based on religious beliefs of perpetrators
- 15. Balancing priorities ‘We obviously earn a huge amount of money from overseas learners. This is big money we are talking about. Senior staff were really worried that if we were seen as having lots of gays the Muslim learners would just go elsewhere. It’s as simple as that. The government spending cuts have made this type of thinking more influential.’ ‘… I think real-politics takes over. Money is the driver that moves things. It’s as simple as that.’ ‘… I don’t think that we will be prosecuted for not promoting lesbian, gay, bisexual and transgender history month. We may lose out in the money department if we do promote it, or so the thinking goes.’ University Managers’ focus group
- 16. Approaches to managing the interface • Clear, comprehensive, embedded, well led inclusive culture and policy • Clear and effective discipline and grievance procedures • Standard application of existing procedures and policies • Equality impact assessment as an organisational development rather than compliance tool • Overarching culture of equality and inclusion • Staff training • Staff support
- 17. Interventions to manage the interface • Funding of learner societies conditional on compliance with equality and diversity policies • Learner and staff charters/codes to require compliance with equality and diversity policy • Embedding in staff and learner induction • Anticipatory arrangements that may involve enlisting stakeholder expertise.
- 18. Main findings • Small amount of good practice found in sector organisations • anticipated tensions/conflicts less than the actual incidents found in practice • Significant numbers of LGB staff and learners of faith/belief in the sector; often conflicted and split between these two identities in the work/learning environment • Strands treated as separate and often incompatible • Responses to academic disruption have been indecisive and uneven, often inhibited by a fear of increasing conflict between the two equality groups • When problems arise they are often not managed or resolved by the learning provider • The interplay between these two areas impacts on sector employment, teaching and learning, and the experience of working and studying in the sector.
- 19. Strategic leadership and management • FEC Governing bodies and university senates are well placed for an effective strategic leadership role in management of the interface • some evidence that learning providers tend to rank and prioritise the different equality strands • a widespread failure to apply existing procedures and policies to managing the interface between sexual orientation equality and equality on the grounds of faith or belief.
- 20. Conclusion • The challenge for all learning providers is to deal with these complex relationships in ways that ensure the values and presence of both groups are respected, whilst at the same time neither group feels unfairly treated or discriminated against (ECU) • Empowering individuals to manage conflicts within the law and within a framework of respect for difference – beyond compliance • Requirement for the success of a modern, diverse, democracy.
Editor's Notes
- This research, carried out across the lifelong learning sector in England found a limited amount of existing good practice, a good deal of uncertainty about how to proceed, a high degree of anticipated difficulty and conflict between these two equality areas. Key findings: anticipation of difficulty is significantly greater than any experience of it. The interplay between these two areas impacts on sector employment, teaching and learning, and the experience of working and studying in the sector for many staff and learners. Anticipated problems greater than any actually experienced Where there are problems they can be acute When problems arise they are often not managed or resolved by the learning provider Failure to manage/resolve can have negative impact beyond the individuals immediately concerned Where relationships were strained, oppressive behaviour had originated from religiously driven homophobic behaviours
- Within individuals: Religious upbringing inhibits full professional participation of individual lgb staff Religious upbringing shapes the assumptions that inform the work of LGB learners LGB individuals of faith torn between two key poles of identity Between individuals Conflict in halls of residence Partners Authorities play no role in resolution LGB residents leave halls Between individuals and groups: Conflict in halls of residence Tension between religious societies and religious LGB learners Groups of religious learners attacking legitimacy of LGB learners in class/seminars LGB learners who hold a religion or belief are forced out of religious communities, or into the closet within them LGB learners do not attend classes/leave college Authorities play no role in resolution Between groups: Religious student union societies seek to have funding for LGB societies stopped Christian Union groups picket LGB group activities Positive relationships develop within student union framework Between groups and organisations: Refusal to engage in academic discourse Academic disruption Staff unprepared to intervene/resolve Undermining core purpose of place of learning Between organisations: Refusal to promote LGB equality due to drive to recruit learners from overseas and from majority Muslim countries Below the radar Priority for income over equality and diversity Hierarchy of protected characteristics Untested and unfounded assumptions
- 41% perceive mutually respectful relationships between LGB learners and those of different faiths/beliefs in their place of study. 9% learners had experienced or have seen tensions or conflicts between staff and learners of different sexual orientations and those of different faiths or beliefs, which were based on these characteristics In the cases where learners were involved in incidences of conflict or tension in the learning environment, they had to resolve them themselves or they are left unresolved The largest group of learners were Christian (41 per cent) no particular faith or belief (40 per cent). Five per cent preferred not to say. 3% were Muslim and two per cent Buddhist. 53% heterosexual. 16% gay man, 13% lesbian or gay woman. 12% bisexual, 5% preferring not to say.
- Seen as separate identities – in different individuals – incompatible? Unable to deal with the reality when it unexpected secular state is a concept whereby an entity purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen from a particular religion/nonreligion over other religions/nonreligion. Secular states do not have a state religion, though a lack of state religion does not guarantee that a state is secular.
- Learners who indicated that the mutually respectful relationship was absent gave the following reasons for why it was the case: ‘conflict of values in their place of study’, lack of accurate information’ and ‘people in general do not get on well with each other’. The Higher Education sector provides the vast majority of participants with 71% of the total. Further education colleges provide another 21%. Sixth Form Colleges, Adult and Community Learning, Workbased learning and Specialist Colleges are also cited among the main place of study for the participants represented in the survey. The other 4% did not say where they were studying. The further breakdown of the responses shows that: 44% of Christians think this is the case; 13% do not. 40% of those with no faith or belief think this is the case; 27% do not. And: 39% of heterosexual participants think this is the case; 11% do not 48% of bisexual learners think this is the case; 13% do not 61% of lesbian learners think this is the case; the others did not say 34% of gay men think this is the case; 24% do not. The small representation of other faiths or beliefs does not allow a reliable breakdown of the views of those survey participants.
- Exceptions and exemptions - Proportionate and justifiable means of achieving a legitimate aim? What aim might that be? How can it be justified? What are the potential impacts quality, on reputation and business? What is the potential cost of successful litigation and sanctions? Good practice – South Tyneside College – LGB induction for overseas students – overseas Muslim learners
- If religion or belief come into conflict with the needs of the job A situation may arise where a member of staff objects to teaching about aspects of sexual orientation or religion or belief because they claim it goes against their own beliefs. Or, they might, for example, object to distributing marketing material at a lesbian, gay or bisexual event for similar reasons. To date, there is no record of such cases occurring in the post-16 sector, but it may be prudent to consider how such a situation could be resolved were it to arise. In the case of Islington v Ladele a Christian local authority registrar avoided carrying out civil partnership ceremonies because she claimed it was against her religious beliefs to do so. The Employment Tribunal Appeal ruled that because all registrars had been required to carry out civil partnerships Ms Ladele had not been unlawfully discriminated against. It ruled that this requirement was justified as a reasonable means of achieving the legitimate aim of promoting equal opportunities and tackling discrimination. It also found that the local authority was entitled and obliged to insist that Ms Ladele performed those duties. In the case of Mitchell v. Strathclyde Fire and Rescue, however, a Christian fire-fighter was disciplined for refusing to distribute fire service leaflets at a gay pride march, claiming it was against his religious principles to do so. In an out of court settlement the fire service apologised to Mr Mitchell and withdrew its disciplinary sanctions. In the case of Islington v Ladele the local authority was able to justify its requirement. In Mitchell v Strathclyde Fire and Rescue this may have proved more difficult. Lessons learned Employers should take care to consider an employee’s requests related to their religion or beliefs. However requests must be balanced with legitimate business needs and, in particular, the right not to be discriminated against on the grounds of religion or belief should not translate into the right to manifest religion or belief in a way that discriminates against others Employers should distinguish between an employee’s objections to carrying out a particular job-related duty – i.e. their religion or belief – and the employer’s reason for addressing this behaviour, which may, in some circumstances, constitute misconduct. Employers should be guided by their judgment of what constitutes a legitimate business need Where the provider has a legal duty not to discriminate against service users, and an equality and diversity policy which commits it to promoting all strands of equality (e.g. a single equality scheme) it is entitled to require its staff to participate in the non-discriminatory provision of services.
- Specific question about LGB staff of faith/belief feeling able to show both of these aspects of their identity in the workplace Multi-faith centre in NW English university Chaplaincy in an East of England FE college Chaplaincy in NE English FE college Security guard training in SW English university Numerous student’s unions - debates, joint campaigning We have a very good chaplaincy service which welcomes all religious groups to use space allocated for the purpose of worship. This also includes space for LGBT religious groups. There are seminars and workshops with religious themes- not specifically focusing on sexuality but looking at religious tolerance between faiths. University, South West An example of collaboration is cited where the lesbian, gay and bisexual staff network in a university has a good relationship with the new staff faith network. They worked together and invited each other to meetings of networks. There was also mention of discussing equality in general terms during induction and other equality and diversity training. However, in general an absence of good practice Lack of organisational approaches to managing the interface, resolving situations, facilitating networking on these issues.