Commission refuses to change Catholic Care gay adoption decision 2

Governance | Gareth Jones | 19 Aug 2010

The Charity Commission has again ruled that Catholic Care (Diocese of Leeds) may not change its objects in order to exclude homosexual couples from accessing its adoption services.

Despite being told in March by the High Court to reconsider, the Commission has stood by its original decision, arguing that there are not “particularly convincing and weighty reasons justifying the proposed discrimination”.

Speaking about the judgement, the Commission’s chief executive Andrew Hind, said: “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.”

Children will find parents “through other channels”

In its submission, the charity claimed that there is an excess of children waiting to be adopted and that the charity has particular expertise with those that are hard to place.

However, after consulting with six local authorities in the area, the Commission found that the charity was not the only one offering such services, and that if it was to close its adoption service, the children it supports would be likely to find parents through other channels.

The local authorities also said they consider gay and lesbian people suitable parents and that such adoptions had been successful.

The Commission’s summary report emphasises that the High Court had said in its judgement that respect for religious views is not a justification for discrimination on the basis of sexual orientation in this case.

The decision comes despite the Commission being forced to pay the charity’s legal costs of more than £50,000 following the High Court judgement.

Charity to register as a support agency

A spokesman for Catholic Care said the charity was disappointed with the outcome.

“Catholic Care will now consider whether there is any other way in which the charity can continue to support families seeking to adopt children in need.

“In any event, Catholic Care will seek to register as an adoption support agency offering a service to those who were adopted in the past and are now seeking information about their background, and also to support adoptive parents already approved by Catholic Care.”

Benjamin James of Bircham Dyson Bell, the charity's legal advisor, said they are currently considering whether to appeal the decision.

Directory: Charity Commission
Who's Who: Andrew Hind

Place a comment

Stolen
23 Aug 2010

The interpretation and application of equality and charity law is now far more about homogeneousness than ensuring that individuals have reasonable access.

And thus none may progress above the lowest common denominator.

There is this situation of a Charity Commission/Equality and Human Rights Commission where intelligent people make legal decisions that do not demonstrate an ability to reconcile diversity and difference.

The law has indeed been made an ass, by the Commissions, when the concept of equity has become subordinate to the concept of equality and the decision shows none of the hallmarks of charity.

It is time to lead both these Commissions to the bonfire of quangos.

[Reply]

Chris Atlier
Freelance
19 Aug 2010

I feel this is a fantastic step in the right direction for equal rights in our community, if only the United States would lead by example instead of letting other Nations take charge of progress in Human Rights. I found this great video about how America fails their LGBT community and I wanted to share

http://ourscenetv.com/posts/163/leaving-paradise-gay-parents-struggle-with-immigration-inequality

I think the world at large should take notice of this and keep leading the fight. We are in this together!

[Reply]

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