The British government is being forced by the European commission to rip up controversial exemptions that allow church bodies to refuse to employ homosexual staff.

It has emerged that the commission wrote to the government last week raising concerns that the UK had incorrectly implemented an EU directive prohibiting discrimination on the grounds of a person’s sexual orientation.

The ruling follows a complaint from the National Secular Society, which argued that the opt-outs went further than was permitted under the directive and had created “illegal discrimination against homosexuals”.

The commission agreed. A “reasoned opinion” by its lawyers informs the government that its “exceptions to the principle of non-discrimination on the basis of sexual orientation for religious employers are broader than that permitted by the directive”.

The highly unusual move means that the government now has no choice but to redraft anti-discrimination laws, which is likely to prompt a furor among church groups. In anticipation of a possible backlash from the commission, the government has already inserted new clauses into its equality bill. But even if the bill is jettisoned, future governments will be bound by the commission’s ruling.

Under the new proposals being drafted by the government, religious organisations will be able to refuse to employ homosexuals only if their job involves actively promoting or practising a religion. A blanket refusal to employ any homosexuals would no longer be possible.

“This ruling is a significant victory for gay equality and a serious setback for religious employers who have been granted exemptions from anti-discrimination law,” said human rights campaigner Peter Tatchell. “It is a big embarrassment for the British government, which has consistently sought to appease religious homophobes by granting them opt-outs from key equality laws. The European commission has ruled these opt-outs are excessive.”

The EU’s equal opportunities commissioner, Vladimir Špidla, said: “We call on the UK government to make the necessary changes to its anti-discrimination legislation as soon as possible so as to fully comply with the EU rules.”

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