Catholic Care (Diocese of Leeds) has been granted leave to appeal to the High Court against certain parts, but not all, of the Charity Tribunal’s recent decision not to allow it to discriminate against gay people.

As the case is believed to have been the first in which a court or tribunal was asked to consider the correct interpretation of regulation 18 of the Equality Act (Sexual Orientation) Regulations 2007, the Tribunal said the case "raises a point of law of public importance which it would be appropriate for the High Court to consider on appeal". 

The charity appealed to the Charity Tribunal after the Charity Commission refused to let it adopt new charitable objects which would allow it to claim an exemption under the Equality Act and so be allowed to discriminate against gay prospective adoptive parents, on religious grounds.

On 1 June the Tribunal unanimously rejected the appeal, saying that the exemption for charities in the Act could not be relied upon for the charity’s intended purpose.

But now it has said that Catholic Care can take the case to the High Court to argue seven of its 14 grounds for appeal.  The seven that are allowed collectively raise the same point of law, namely that the Tribunal erred in its interpretation of the Equality Act (Sexual Orientation) Regulations 2007 and its interpretation of regulation 18 in particular.

However, it will not allow the charity to appeal against the other seven points raised, concluding that these were “misconceived”.

The full judgment is here.