header-logo header-logo

28 March 2010
Issue: 7410 / Categories: Legal News
printer mail-detail

Adoption agency victory

A Catholic child adoption agency has won a High Court case that could allow it to lawfully discriminate against same-sex couples.

A Catholic child adoption agency has won a High Court case that could allow it to lawfully discriminate against same-sex couples.

In Catholic Care v the Charity Commission and the Equality and Human Rights Commission [2010] EWHC 520 (Ch), Catholic Care sought an exemption from the Sexual Orientation Regulations 2007, which make it unlawful to discriminate on the ground of sexual orientation in the provision of goods or services.

The agency, which has achieved success in finding parents for “hard to place” children, argued that it operates within the tenets of the Roman Catholic Church, including a strong belief in the sanctity of marriage. It provides services to couples only if they are married. It claimed it had found it impracticable to find a way round the regulations and continue operating.
Delivering judgment, Mr Justice Briggs said the “submission that differential treatment which is not founded on the special needs either of the proposed adoptive parents or the children, or upon any other class of justification recognised by the developing jurisprudence on Art 14, must be discriminatory commands real respect.

 [However] the very unusual predicament of Catholic Care, its status as an adoption agency of last resort for ‘hard to place’ children and the arguably pre-eminent needs of those children who will otherwise be left unadopted may constitute a very special and unusual case for recognition under Art 14.”

 

Issue: 7410 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll