Legally speaking | Mark Jones

Lawyers, it must be said, do not have the best reputation as a profession. To some the concept of a Christian lawyer may appear an oxymoron. There are a large number of Christians who practise law (and I would like to plug here the sterling work of the Lawyers Christian Fellowship), but fewer who undertake Christian legal work.

I have now been a solicitor in private practice for eight years. During that time I have represented many global corporations and households - and thoroughly enjoyed doing so. I would have described myself at the time as a lawyer who happened to be a Christian. I certainly worked hard, as if working to please God rather than men, but my actual service was directed towards the firm that employed me and the clients who wished to use my services.

Almost a year ago now, I turned my back on the commercial world I was in to join a niche legal practice in South London that had a national reputation for dealing with issues that affected Christians. The reason was a chance meeting with the senior partner of the firm (Paul Conrathe) at a Lawyers Christian Fellowship conference. We both found we had the same desire, the difference was that his firm was being used to try and regain ground for the kingdom of God.

Growing need

As I write this article, our firm has merged with a larger practice. However, one of the key conditions of the merger was the ability for Paul and I to continue to deal with the clients and cases we have that affect the Christian community. We are continuing to develop our Christian Rights practice and meet the growing need for Christians within the law with the inclination and ability to take up these issues. It also requires the desire to accept that you will not acquire the worldly wealth of other lawyers!

There is a huge spiritual battle going on and one of the battlegrounds is the law. From many sides the rights and freedoms of Christians are being attacked, from the ability of churches and Christian communities to meet, to the ability of churches and individuals to share their beliefs and the gospel with those who desperately need to hear the good news.

I anticipate that many readers of this article will recognise the details of some of our cases and may know of, or even know some of, the brave clients we have represented - although they are unlikely to realise our involvement.

Trade union challenge

One recent matter we addressed was the Employment Equality (Sexual Orientation) Regulations 2003. These Regulations introduced statutory protection for individuals being discriminated against on the basis of their sexual orientation. The Regulations provided exemptions (in certain circumstances) for churches and some faith-based organisations to lawfully discriminate between individuals on the grounds of their sexual orientation and practice. In addition, the Regulations made it lawful in certain circumstances to allow married persons to have benefits not available to those in same sex relationships.

These parts of the Regulations (among others) were challenged by seven trade unions, representing groups of members. Success would have made it illegal for many Christian organisations and churches to refuse to employ individuals because of their sexual practice. A church would not have been able to take action against an individual whose lifestyle was contrary to its teaching but would have been forced into the hypocrisy of acceptance without condemnation.

Our view was that it was crucial that the presiding judge had the evidence of Christian individuals and organisations whose practice and foundation were intended to be protected by the Regulations and would be challenged if the Trade Union claims succeeded. Three Christian organisations (CARE, Christian Schools Trust and the Evangelical Alliance) were prepared to take this role and intervened in the Judicial Review. Assisted by Paul Diamond and James Dingemans QC, the challenge was defeated and the Judge (Justice Richards) quoted extensively from our evidence in his judgement. Among the crucial issues decided by the court was the acceptance that: the rights of Christians are not 'trumped' by the rights of other minority groups; other relationships were not necessarily comparable to a marriage; the role of the court was not to decide issues of theology.

Crucial issues

It was only possible to undertake this action through the funding of churches, Christian organisations and individuals as well as the lawyers working for non-commercial rates. But the issues were crucial. My hope is to be able to inform Christians of the work we (and others) undertake, and, by raising awareness, increase the numbers of those willing to be involved in any way they can and have an input into informed debate on difficult legal and ethical issues.

There is some discomfort about Christians being involved in legal proceedings at all, but I am convinced that this is a vital mission at the moment - and likely to become more and more so as secular humanist beliefs increasingly pervade every area of society.

At the moment, we are also involved in national drugs policy, questions of euthanasia, abortion, designer babies, the Christian discipline of children, and the freedom of Christian speech. I hope to be able to share some of these issues with you over the course of the next few months.

Mark Jones is a partner in Ormerods Solicitors and can be contacted at mark.jones@ormerods.co.uk or on 020 8686 5000.