A Democratic Unionist Party motion calling on the British government to withdraw plans to introduce homosexual equality legislation in Northern Ireland next month was lost in the Assembly yesterday with the aid of a vote of a deceased Sinn Féin MLA.
Lagan Valley MP and Assembly member Jeffrey Donaldson complained that the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 could discriminate against Christians and others of religious belief and proposed that any legislation relating to gays, lesbians and bisexuals should be a matter for a restored Assembly to decide upon.
There were 39 votes for the motion and 39 against and under Assembly rules, the motion was therefore lost. It later transpired - again under Assembly rules - that Sinn Féin used the vote of the late party MLA Michael Ferguson to defeat the motion.
Proposing the motion, Mr Donaldson said that under the legislation, churches, teachers and people running businesses such as Christian bookshops, bed-and-breakfasts and old folks' homes could be compelled to act contrary to their sincerely held religious beliefs in terms of potential dealings with homosexuals.
"These regulations threaten to override the consciences and free speech of Christians and others who object to homosexual practices. This contravenes articles 9 and 10 of the European Convention on Human Rights," he said.
"If a teacher teaches the orthodox Christian belief that homosexual practice is sinful, then a pupil who self-identifies as being gay could bring a claim for harassment by complaining that such teaching had the effect of violating their dignity or creating an intimidating, humiliating or offensive environment," added Mr Donaldson.
"Is that the kind of situation we want to place our teachers in today in Northern Ireland?"
Sinn Féin MLA Caitríona Ruane accused the DUP of "using homophobia" for political gain.
"It is attempting to whip up homophobic sentiment that leads to discrimination and violence," she said. "This is serious stuff.
"While the DUP wring their hands and say, 'of course we are for law and order and we abhor any crime against anyone and people should go to the police', what they fail to do is to take responsibility for the actions that come from their words.
"By failing to provide leadership they are part of setting the context for the attack on the young man in a club or park."
Ms Ruane said Northern Ireland has witnessed a 175 per cent increase in violent attacks on homosexuals. "Everyone should have the same rights and legal protections, there is no halfway house - you cannot have equality for some," said Ms Ruane.
Ulster Unionist MLA Dermot Nesbit, supporting the DUP motion, complained that Northern Ireland was allowed less consultation time to assess the legislation than in Britain, two months compared to three months, and that legislation was to be introduced for Northern Ireland at Westminster rather than allowing a restored Assembly have responsibility for the issue.
SDLP Assembly member Patricia Lewsley, opposing the motion, said the DUP stood for the "discriminating as usual party". The regulations were simply designed to protect people from discrimination.
"They ensure that gays and lesbians have the same basic rights as the rest of us."