A Traveller family’s claim of discrimination against the former Bishop of Galway regarding how they were treated at a Communion Mass has been dismissed by the Workplace Relations Commission (WRC).
The family, including six children, said they were harassed at the ceremony and that the women were excluded from the Mass based on a dress code. They alleged other women were wearing clothing that was not admissible but were not asked to leave.
The WRC ruled that it could not adjudicate on the 10 complaints by members of the Sherlock family as it had no legal authority.
The family said they weren’t able to attend the Mass due to the length of their dresses and skirts and their necklines.
Their complaints were made against Bishop emeritus Martin Drennan after the incident on May 23, 2015.
Allegations
Bishop Drennan rejected the allegations that he discriminated them on the grounds of their gender and race under the Equal Status Act 2000. Representatives of the bishop said that Mass as a religious service was not a service within the meaning of the legislation, which the WRC agreed with.
Detailed evidence was not heard as a result of the bishop’s legal team’s preliminary challenge. They claimed it wasn’t the intention of the Oireachtas for religious services to fall within the jurisdiction of the legislation. The WRC adjudicator said Bishop Drennan has not engaged in prohibited conduct.
The WRC said religious services or sacraments did not come within the ambit of the legislation as otherwise it would be unlawful for churches to refuse the sacrament of matrimony to persons who were divorced or of the same sex, or similarly to only ordain men as priests.
“There seems to be no reason in law or logic to differentiate between these types of religious services and a Holy Communion mass,” said Ms Boyle.
“If the Oireachtas had intended to apply the principle of equal status, enshrined in the act, to all of these situations, it would have said so in express terms.”