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'Ex-gay' London bus advert ban ruled lawful 'Ex-gay' London bus advert ban ruled lawful
(35 minutes later)
A ban on a Christian group's proposed bus advert suggesting gay people could be helped to change their sexuality has been ruled as not unlawful.A ban on a Christian group's proposed bus advert suggesting gay people could be helped to change their sexuality has been ruled as not unlawful.
The High Court heard London Mayor Boris Johnson was "politically driven" when he intervened to stop the "ex-gay" ad. The High Court ruled Transport for London's process in introducing the ban "was procedurally unfair".
Transport for London said it banned the Core Issues Trust's advert because it could cause "widespread offence". News of the poster had provoked protests. But it ruled TfL was right to ban the Core Issues Trust's advert because it would "cause grave offence" to those who were gay.
The ad posters read: "Not Gay! Ex-Gay, Post-Gay and Proud. Get over it!"The ad posters read: "Not Gay! Ex-Gay, Post-Gay and Proud. Get over it!"
A judge ruled Boris Johnson did not abuse his position as chairman of TfL when he imposed the ban.
'Widespread offence'
Mrs Justice Lang, sitting at London's High Court, ruled TfL's process in introducing the ban "was procedurally unfair, in breach of its own procedures and demonstrated a failure to consider the relevant issues".Mrs Justice Lang, sitting at London's High Court, ruled TfL's process in introducing the ban "was procedurally unfair, in breach of its own procedures and demonstrated a failure to consider the relevant issues".
But that was outweighed by factors against allowing the ad, including that it would "cause grave offence" to those who were gay and was perceived as homophobic, "thus increasing the risk of prejudice and homophobic attacks", said the judge.But that was outweighed by factors against allowing the ad, including that it would "cause grave offence" to those who were gay and was perceived as homophobic, "thus increasing the risk of prejudice and homophobic attacks", said the judge.
The ads were a response to a bus poster campaign by gay rights group Stonewall, which carried the message: "Some people are gay. Get over it!"The ads were a response to a bus poster campaign by gay rights group Stonewall, which carried the message: "Some people are gay. Get over it!"
TfL refused to carry the Core Issues Trust advert on the grounds it was "likely to cause widespread or serious offence to members of the public", and it contained "images or messages which relate to matters of public controversy and sensitivity".TfL refused to carry the Core Issues Trust advert on the grounds it was "likely to cause widespread or serious offence to members of the public", and it contained "images or messages which relate to matters of public controversy and sensitivity".
TfL's lawyers argued Article 10 did not entitle the trust to advertise "offensive material".TfL's lawyers argued Article 10 did not entitle the trust to advertise "offensive material".
They said the ban was justified by the need to protect public morals and the right of homosexuals under Article 8 of the convention to respect for their dignity and private lives.They said the ban was justified by the need to protect public morals and the right of homosexuals under Article 8 of the convention to respect for their dignity and private lives.