The Guardian - UK April 26, 2011
Catholic adoption agency loses gay adoption fight
Leeds-based agency Catholic Care told it must consider gay and lesbian couples as prospective parents
Riazat Butt, religious affairs correspondent
A Catholic adoption agency has lost a two-year battle to be excluded from laws that ban discrimination against homosexuals.
Leeds-based Catholic Care wanted exemption from the 2007 Sexual Orientation Regulations, which require it to consider gay and lesbian couples as prospective parents.
But a ruling on Tuesday by the Charity Tribunal upheld an earlier decision from the Charity Commission. The bishop of Leeds, the Right Rev Arthur Roche, said he was disappointed with the tribunal's ruling. He said: "It is unfortunate that those who will suffer as a consequence of this ruling will be the most vulnerable children, for whom Catholic Care has provided an excellent service for many years.It is an important point of principle that the charity should be able to prepare potential adoptive parents according to the tenets of the Catholic faith."
Roche had told the Charity Tribunal the agency would suffer financially if it was forced to accept applications from homosexual couples because donations would dry up.
But the tribunal said it was "impossible" to conclude that Catholic Care's income would suffer it were to operate an open adoption service.
It said: "There was evidence before the tribunal that some Catholics do offer financial support to adoption agencies which provide services to same-sex adopters but no evidence from the charity that it had considered how it might attract alternative financial supporters if it did not discriminate."
It conceded there would be "a loss to society if the charity's skilled staff were no longer engaged in the task of preparing potential adopters to offer families to children awaiting an adoption placement", but said it had to balance the risk of closure of the charity's adoption service against the "detriment to same-sex couples and the detriment to society generally of permitting the discrimination proposed".
Gay rights group Stonewall welcomed the tribunal's decision, saying there should be "no question" of publicly funded services being allowed to "pick and choose their service users on the basis of individual prejudice".
The row over exemptions for faith-based adoption agencies dates back to 2007, when the regulations were introduced. At the time, the then Archbishop of Westminster, Cardinal Cormac Murphy O'Connor, warned that the 11 Catholic adoption agencies would close rather than place children with gay couples.
But the then prime minister, Tony Blair, said there was "no place" for discrimination in British society.
The Tory leader David Cameron called for a compromise solution because Catholic adoption agencies did a "fantastic job in placing hard-to-place children".
While some agencies have closed, others have severed their links with the church in order to stay open.
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Secular News Daily - April 25, 2011
No ‘opt out’ from equality law: Catholic adoption agency will not be able to discriminate against same-sex couples
by British Humanist Association
No ‘opt out’ from equality law: Catholic adoption agency will not be able to discriminate against same-sex couples
Humanists have welcomed today’s unanimous Charity Tribunal decision to throw out the Catholic Care case, following a number of attempts by the adoption agency to gain permission to discriminate against same-sex couples. The British Humanist Association (BHA) has said the decision makes clear that religious organisations may not simply ‘opt themselves out’ of abiding by equality law that binds all other groups providing public services.
The BHA, an equalities and human rights organisation, campaigned vigorously in support of the Equality Act (Sexual Orientation Regulations) 2007 (SORs), which prevent discrimination by religious organisations on grounds of sexual orientation in the provision of goods, facilities and services, including in adoption services. These provisions are now part of the Equality Act 2010, and that is the law which this Charity Tribunal was making its assessments in light of.
Leeds based Catholic Care originally appealed to the Charity Commission in 2007 in light of the SORs, and in the High Court challenged the Charity Commission’s original refusal to allow the organisation to restrict their services to heterosexuals. In March 2010, the presiding Judge, Mr Justice Briggs, instructed the Commission to reconsider the request, which was refused in August. Catholic Care took their case to the Charity Tribunal and lost their appeal today.
BHA Head of Public Affairs Naomi Phillips commented, ‘Today’s decision sends a clear signal that religious organisations, including religious charities, providing public services may not simply opt themselves out of a law which prevents discrimination on grounds of sexual orientation. When groups are providing public services, not least vital services such as adoption, it is legitimate to prevent unjustified discrimination, as the law seeks to do, in order to ensure that those services are equal, accessible and operate in the interests of those they are helping. Equality of individuals before the law is a cornerstone of a fair and good society, and a principle which has been upheld by today’s decision not to allow Catholic Care to discriminate against gay couples seeking to adopt.
‘Catholic Care has failed to make a convincing case to allow them to breach equality law and discriminate in the provision of adoption services, and the Charity Tribunal decision to throw out the case is to be welcomed. To have permitted an opt out from the law to allow discrimination on grounds of the organisation’s religious ethos and prejudices would be a failure to serve the children who need loving homes, as well as failing to uphold the rights of lesbian, gay and bisexual people to be treated equally and with respect in the provision of services.’
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