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As a matter of UK law, the answer is a clear yes. Tim Send a noteboard - 19/06/2010 08:47:22 PM
Race Relations Act 1976, section 3

3.— Meaning of “racial grounds”, “racial group” etc.

(1) In this Act, unless the context otherwise requires—
“racial grounds” means any of the following grounds, namely colour, race, nationality or ethnic or national origins;
“racial group” means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls.

(2) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.


And, as to the interpretation of that section...

BBC Scotland v Souster 2001 SC 458

Between 1995 and 1997, B employed an English journalist, S to present "Rugby Special". S's employment took the form of successive contracts, but was not renewed in 1997. The BBC employed a Scottish woman to take his place and S complained of racial discrimination, maintaining that the major factor in his contract not being renewed was his "national origins". The employment tribunal and Employment Appeal Tribunal considered themselves bound by the decision in Northern Joint Police Board v Power [1997] I.R.L.R. 610 [where it was held that English and Scottish were separate racial groups]. B appealed, arguing that "English" and "Scottish" were not distinct racial groups for the purpose of the Act and as such could not be relied upon by S. B also argued that the phrase "national origins" meant no more than the nationality acquired by S upon his birth.

Held, refusing the appeal, that the employment tribunal and Employment Appeal Tribunal were correct in holding that S could claim racial discrimination on the grounds that he was English under the phrase "national origins", it being much more than "nationality" in the legal sense. There could be racial discrimination within Great Britain on the basis of a person being of Scottish or English national origin, but S could not bring his claim on the basis of his ethnic origins, neither English nor Scottish being an ethnic group in the terms of the Act.


However, if you were to ask me whether "Anyone But England" t-shirts are actually racist, I would answer no. On the same logic, a shirt displaying a preference for one particular country to win would be equally racist as one displaying a preference for one particular country to lose. However, I would agree that there's a possibility they could incite racial hatred, and that withdrawing them was a good decision.
Vigilantibus non dormientibus jura subveniunt.

—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.

—La vie ? Neutre ? C'est très joli, et surtout très logique.
This message last edited by Tim on 19/06/2010 at 08:53:12 PM
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Can Scottish anti-English sentiment really be described as racist? - 19/06/2010 01:59:45 PM 908 Views
The Celtic race hating the Anglo-Saxon race isn't racist? - 19/06/2010 02:08:30 PM 520 Views
Nationalism. Duh. - 19/06/2010 02:19:47 PM 558 Views
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Must be a pity like - 19/06/2010 03:02:48 PM 526 Views
Me too. *NM* - 19/06/2010 03:20:59 PM 206 Views
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It's sort of like people in 49 of the states hating New Jersey. that doesn't make us racist. *NM* - 19/06/2010 02:33:49 PM 196 Views
It's not really like that, though. - 20/06/2010 04:30:44 PM 480 Views
I don't know; what does "race" mean to you? *NM* - 19/06/2010 03:04:33 PM 197 Views
What it means to most people, I should think. - 19/06/2010 03:08:07 PM 584 Views
British news and people are sometimes ignorant about the definition of race. - 19/06/2010 03:06:28 PM 547 Views
Yes! - 19/06/2010 03:29:37 PM 476 Views
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Ethnocentrism - 19/06/2010 03:47:26 PM 537 Views
Bigotry. - 19/06/2010 03:47:52 PM 599 Views
As a matter of UK law, the answer is a clear yes. - 19/06/2010 08:47:22 PM 592 Views
Heh - 21/06/2010 01:44:16 PM 557 Views
Hmm - 21/06/2010 03:37:43 PM 606 Views

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