European judges have ordered British ministers to make a formal statement on whether the UK Government believes Christians’ rights have been infringed by decisions in the British courts, which have repeatedly dismissed their right to dress and act according to their beliefs.
The move will force the British Government to say whether it backs the rights of Christians to wear the cross and opt out of diversity legislation.
The European Court of Human Rights (ECHR) have made the request on foot of a case taken before the court by Christians who believe they have suffered discrimination for their beliefs.
Among those taking the case include Nadia Eweida, the British Airways worker who mounted a legal action after being barred from wearing a cross around her neck.
Their cases have been selected by the ECHR as of being of such legal significance that they be examined further.
Once ministers have responded the court will decide whether to have full hearings on them.
The four new cases, which come from a range of Christian denominations, could lead to a final legal answer on how religious beliefs must be balanced against equality laws designed to prohibit discrimination against minority religions and other groups such as homosexuals.
The other applicants to the European Court of Human Rights include Lillian Ladele, a former registrar who objected to conducting homosexual civil partnership ceremonies because of her faith.
It led to disciplinary action by Islington council in north London, where she had worked for 17 years.
Gary McFarlane, a Christian relationship counsellor, has also applied to Strasbourg after he was sacked by a Relate, the counselling service, for refusing to give sex therapy to homosexual couples.
The final applicant is Shirley Chaplin, a former nurse from Exeter, who was barred from her job in a hospital for wearing a cross.
Andrea Minichiello Williams, the founder and director of the Christian Legal Centre, which is supporting two of the applicants, said: “These cases are massively significant on every front.
“There seems to be a disproportionate animosity towards the Christian faith and the workings of the courts in the UK has led to deep injustice.
“If we are successful in Strasbourg I hope the Equalities Act and other diversity legislation will be overturned or overhauled so that Christians are free to work and act in accordance with their conscience.
“David Cameron now needs to put his money where his mouth is.”
Mrs Minichiello Williams added: “People with orthodox views on sexual ethics are excluded from employment because they don’t fit in with the equalities and diversity agenda. It is this which we want to see addressed. Such injustice cannot be allowed to continue.”
In Mrs Eweida and Mrs Chaplin’s cases, the court asked the British government: “In each case, did the restriction on visibly wearing a cross or crucifix at work amount to an interference with the applicant’s right to manifest her religion or belief, as protected by Article 9 [the right to freedom of religion] of the Convention?”
Earlier this year the European Court ruled that State schools have a right to display a crucifix on classroom walls, after an application was brought by the Italian Government and 20 other Governments.
The decision appeared to set European human rights law at odds with British courts, where all four applicants in the new round of cases have lost on appeal.
Mrs Chaplin was banned from working on wards by Royal Devon and Exeter NHS Trust after she failed to hide the cross she wore on a necklace chain, even though she had worn the symbol every day since her confirmation and throughout her 31-year nursing career.
The 55-year-old was supported in her battle by senior Anglicans, who claimed Christians are being persecuted in Britain.
Lord Carey, the former Archbishop of Canterbury, and six current and former Anglican bishops wrote to The Sunday Telegraph in support of Mrs Chaplin when her case was heard by an employment tribunal last year.
They expressed their deep disquiet at examples of Christians being “treated with disrespect” while followers of other faiths are treated far more sensitively.
“We are deeply concerned at the apparent discrimination shown against Christians and we call on the Government to remedy this serious development,” they said in their letter.
The bishops said it was “deeply disturbing” that the NHS trust’s uniform policy permitted exemptions for religious clothing, such as Muslim headscarves, but appeared to regard the cross as “just an item of jewellery”.
The application to the European Court says of Mr McFarlane’s case: “He holds a deep and genuine belief that the Bible states that homosexual activity is sinful and that he should do nothing which directly endorses such activity.”
Mr McFarlane, 50, claimed unlawful discrimination he was sacked by Relate after refusing to give sex therapy to homosexual couples, but the tribunal upheld the employers’ decision.
Bristol-based Mr McFarlane, who regularly attends both Pentecostal and Anglican services, said at the time: “If I were a Muslim, this would not have happened, but Christians seem to have fewer and fewer rights.”