ABSTRACT
Two areas of controversy accompany many cases of discrimination and sexual orientation. Moreover, there is a clear difference of opinion as the meaning of direct and indirect discrimination in the context of sexual orientation and marriage requirements. Lord Hughes reasoned that as, 'being married is a condition which same sex couples cannot fulfil, the practice of the defendants amounted to indirect discrimination on grounds of sexual orientation'. Lord Neuberger's answer ignores the additional qualification that the protected characteristic need only be one of the reasons for the treatment for a finding of direct discrimination. The only difference now between the applicants and their comparator couple was sexual orientation, which disclosed direct discrimination, as a homosexual couple who were married or in a civil partnership would be barred while any heterosexual counterpart would be admitted.
