The Sexual Orientation Regulations, likely to become law as part of the Government's Equality Act in April, intend to crack down on sexual discrimination. But while certain types of sexual discrimination will be banned outright, the regulations will throw up some claims that are less than clear-cut and could require the intervention of the courts to resolve.

One of the more straightforward applications of the new law is hotel accommodation. Under the new rules, a Christian hotelier, to cite one example, could not refuse a room to a gay couple simply because he objected to homosexuality. Refusing the room would be a clear breach of the law, which states that in the provision of certain services – hotel accommodation is named specifically - it is illegal to treat someone less favourably on the grounds of sexual orientation.

But other examples are not so straightforward. Let's say a gay couple wanted to hire a church hall as a venue for a civil partnership ceremony. Regulation 16 of the Northern Irish regulations (the most likely blueprint for the UK regulations) lists exceptions under which religious groups may discriminate in certain circumstances. One such circumstance would be the use of premises that are either owned by or under the control of a religious group.

According to Phillip Wood, a partner at Dawsons solicitors, if the premises were intended to be used in a private capacity unconnected to church business, such as celebrating a civil partnership, the church may have grounds to refuse.

Let's take another example: a Muslim printer who refuses to print a batch of pro-homosexual leaflets. Refusing to print something because you consider the subject matter unpalatable is not necessarily discriminating against the person asking for the printing to be done. In this case, the person asking for the leaflets to be printed is not necessarily gay, while the printer is not necessarily refusing to offer the service because the person requiring it is homosexual, as would be the case with the hotelier.

But, as Mr Wood points out, the fact that homosexuals are probably more likely to be discriminated against as a result of such a refusal - because they are more likely to want to print such leaflets - means there could actually be a case for indirect discrimination.

Assuming the regulations become law and passions on both side of the debate remain high – both of which are likely – it seems inevitable a case will end up in court before long.

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