The Charity Tribunal has asked for further evidence to help it decide whether the Charity Commission was wrong to prevent two Catholic charities from being allowed to discriminate against gay people when choosing prospective parents for adoption.

The two charities, Catholic Care (Diocese of Leeds) (pictured) and Father Hudson, want to change their governing documents to allow them to discriminate on grounds of sexuality, as per their Catholic ethos. They felt they needed to change them so as not to fall foul of the new Equality Act (Sexual Orientation) Regulations which came into force just over a year ago.

The charities wanted to take advantage of an exemption in the Act which effectively suggests that sexual discrimination can occur provided it is in pursuit of charitable objectives.

But the Charity Commission rejected their application, concluding that to alter the governing documents in that way would not be in the best interests of the charity. The charities then lodged an appeal with the Charity Tribunal, and the Equality and Human Rights Commission intervened in the case.

Last week, the Tribunal issued a ruling on a preliminary legal point and said it needed more evidence in order to reach its final decision.

It has found so far that the exemption relied upon by the charities does not permit a charity to act in a way that is prohibited by other parts of the Act. But it has also said that discrimination might be justified if it was found to be “expedient” for the charity to achieve its charitable purpose.

The Tribunal said it now needs to hear evidence as to how the charities intend to operate in the future; including whether it plans to extend its discrimination against homosexuals beyond adoption services, and whether certain adoption services provided by the charity might be defined as pastoral activity carried out by a private religious organisation and so be permitted under other parts of the Act.