THE Charity Commission, in a ruling published today, has again declared that a Roman Catholic child-adoption agency – Catholic Care – cannot discriminate against gay couples wanting to adopt.
Earlier this year, Catholic Care, which serves the dioceses of Leeds, Middlesbrough, and Hallam, South Yorkshire, won a landmark High Court battle against the Charity Tribunal’s original ruling.
Mr Justice Briggs, sitting in London, allowed the charity to appeal the ruling, and ordered the Charity Commission to reconsider its decision. The Charity Commission was ordered by the judge to pay Catholic Care’s legal costs, unofficially estimated at more than £100,000.
Catholic Care, which provided adoption services only to married couples in keeping with current Catholic doctrine, was seeking an exemption from the Sexual Orientation Regulations. The 2007 regulations made it unlawful to discriminate on the ground of sexual orientation in the provision of goods or services to the public.
In a statement published today, the Charity Commission said it had decided against giving consent to Catholic Care to amend its charitable objects to restrict its adoption services to heterosexual prospective parents only.
The independent regulator of charities in England and Wales has considered the evidence and the relevant law and concluded that it would not be justified in the circumstances for the charity to discriminate in this way.
The Commission’s decision follows a High Court judgment in March 2010 to allow an appeal by the charity against a decision of the Charity Tribunal made in June 2009, which had upheld the Commission’s decision not to agree to a change of the charity’s objects. The High Court judgment required the Commission to consider the case afresh, and set out the principles it should consider in doing so. These principles included the need to justify the discrimination within Article 14 of the European Convention on Human Rights which deals with the general prohibition of discrimination.
Andrew Hind, Chief Executive of the Charity Commission, said:
This has been a complex and sensitive decision which the Commission has reached carefully, following the principles set out by the High Court, case law and on the basis of the evidence before us. Clearly the interests of children are paramount.
In certain circumstances, it is not against the law for charities to discriminate on the grounds of sexual orientation. However, because the prohibition on such discrimination is a fundamental principle of human rights law, such discrimination can only be permitted in the most compelling circumstances. We have concluded that in this case the reasons Catholic Care have set out do not justify their wish to discriminate.
No one at Catholic Care, which serves the dioceses of Leeds, Middlesbrough, and Hallam in South Yorkshire, was available to comment.
But during its failed plea to the Charity Commission, Catholic Care said if it lost its case it would close its adoption service rather than risk losing its connection with the church.
A Charity Commission spokeswoman said Catholic Care may now cease its adoption service – which represents only around 5 percent of its annual spending – or it could change its policy on gay couples, in line with the law, and carry on.
In welcoming the Charity Commission’s decision, Keith Porteous Wood, Executive Director of the National Secular Society, said:
We’re delighted that the Charities Commission has agreed to do what Parliament clearly intended and prevent charities from discriminating against homosexuals.
He pointed out that almost all Catholic adoption agencies have acknowledged the injustice being promoted by the Catholic Diocese of Leeds and have arranged their policies to be non-discriminatory.
Sadly the Roman Catholic Church is once more putting dogma before equality and what most would regard as decency.
The Freethinker was founded in 1881 by GW Foote, an outspoken critic of religion. After the publication of 
August 19th, 2010 at 8:14 am
Catholic Adoption Agency Loses its Appeal!
August 19th, 2010 at 9:24 am
A most welcome victory indeed for reason and tolerance over bigotry and dogma.
August 19th, 2010 at 10:56 am
Yes !!!! Finally some good news and common sense !! Finally High Court has seen that belief in sky fairies (plus the belief that old german fairies in dresses and jewels are infallible) does not trump equality laws !!
I expect that vile Minichelli witch with the rich hubby will step in and have a whinge and whine about religious rights being eroded – GOOD they’ve had 2000 years of having their way – now it’s time for rationality, equality and fairness.
August 19th, 2010 at 2:29 pm
Yesterday there was a news article about a married couple who sold their adopted children to peadophiles. Because of religious dogma the Catholic Church is unable to make, case by case decisions, about the appropriateness of people who wish to adopt. The issue should always be – what is in the best interest of the child and how the child’s needs are to be addressed.
August 19th, 2010 at 3:01 pm
Ps – a good example of vile is the Pastor who preferred his son dead than follow his sexual feelings. The son committed suicide.
August 19th, 2010 at 4:34 pm
In view of the “teachings of the church” the agency insists on following I hope they do close down. Being brought up by devout RCs; presumably regular visits and teaching from a priest (and their record of decent behaviour doesn’t inspire confidence), the fear of hellfire, the superstitious claptrap of cannibalism, and led to admire a Pope who has been described as suffering from the lifelong pain of severe imploded homosexualty which he deals with by absolute abstractions which permit no flexibilty. Any children are well out it.
August 19th, 2010 at 4:39 pm
The charity hasn’t lost its appeal, the quango Charity Commissioners just haven’t changed their minds.
One would presume that an adoption agency would try to do the best for the child. A catholic adoption agency can hardly be expected to place a ‘catholic’ child with people that they perceive to be ‘living in sin’. No one is forced to go use this agency. Other agencies are available.
When they have come for the people of conscience who will be there when they come for you?
One way or another the bigoted homophiles will ram homosexuality down our throats whether we like it or not.
August 19th, 2010 at 4:59 pm
MaryD. Rather a shame you did not say something about the paedophilia which now seems to be endemic with the RC priesthood. The most recent excresence being the revelations of priestly abuse at St Benedicts School – where, as it happens, Chris Patten was educated and now seems to have been given a free hand to spend tax payers money on the bizarely afflicted Ratzinger.
As for your singularly inapt quote – which I think initally referred to the fate of the Jews in Nazi Germany – I remind you that the Pope at the time was a close and despicable collaborator with the Nazis and anti protecting the Jews.
August 19th, 2010 at 5:24 pm
Broga –
Try not to feed the trolls. It just results in piles of troll shit all over the forum.
August 19th, 2010 at 5:45 pm
Chris: A timely caution. Thanks. As I know from previous experience it leads no where. Minds shut fast by superstition; bigotry run riot in the guise of principle; ad hominem attacks in place of a regard for equality and human writes.
Your advice is sound. I will follow it.
August 19th, 2010 at 5:49 pm
If Mary D stands for Mary Dixson hardly an example of good parenting. Living in sin was a speciality.
August 19th, 2010 at 5:54 pm
Yet another bigot fails to get the joke (“loses its appeal”). Another literalist, perhaps. And now bigots become “people of conscience” – a euphemsism which must surely go down in the book!
(PS Children are not “Catholic”. This is akin to the ludicrous belief that we are all “born Muslim”.)
August 19th, 2010 at 5:55 pm
‘Bigoted homophiles’… hmm so if someone refuses to discriminate against a particular section of the community, they’re bigoted?
Aahhhh. I just love the way the religiot’s mind works.
August 19th, 2010 at 6:34 pm
Tim: If I knew where she lived I’d be round there “ramming my homosexuality down her throat”!
August 19th, 2010 at 6:35 pm
Tim Danaher. Or if anyone argues for equal treatment they are “homophiles.” There is, I think, a pathos about these RCs. Devoid of any sense of fairness and decency, eaten up with their own internal devils probably instilled by the cursed superstition they now defend, they must lead pitiable lives.
August 19th, 2010 at 7:55 pm
Yeah, but y’see the mistake is ours, not theirs. Because gay rights are just so-called “rights” where are Christian rights are the real, non-quotemark-festooned real-deal according the twats who write The Christian Institute web site:
“The ruling comes amidst increasing concern among many Christians that their rights and liberties are often trampled on by homosexual ‘rights’.”
August 20th, 2010 at 9:17 am
Are there actually lots of gay couples trying to adopt? Or is this just preparing for a hypothetical case that might not happen?
Does Catholic Care have a monopoly? or are there other possibilities in the area? So they wouldn’t be missed.
Just being curious
August 23rd, 2010 at 12:53 pm
Sorry guys! As an atheist who supports gay rights (in that I believe govt should not be regulating contracts between consenting adults) I agree with Mary D.
Surely we are discriminating against a persons rights to discriminate against another person. Should we force a black shop owner to offer services to a KKK grand wizard? Should I be forced to stop the sale of pork in muslim neighbourhoods?
How can I can think that being gay is wrong, but not allow me to to follow my convictions, is that freedom?
Forget about other Christian hypocrisies, you CANNOT be a Christian and engage in homosexual behaviour. The desert god of Abraham forbade it. Plain and simple. (Another good reason not the be Xtian).
What is my point? As long as Catholic Care receives no public funds, is not hurting anyone (gays are free to seek kids elsewhere), and is finding good homes for these kids, then we have no right to restrict their rights.
Instead what is happening is that this charity (which may have done so much good for society), is now potentially going to close.