Church Ponders Gay Adoption Legal Battle

The Catholic Church in Scotland is threatening to take legal action to block new anti-discrimination laws it claims will force faith-based adoption agencies to close down.

The UK government is bringing in new legislation that would make it illegal to discriminate against homosexual couples in the provision of any goods or services, including adoption.

The Catholic Church insist this would force them to close agencies as it would be against their religious beliefs to place a child in a gay household.

Although the new laws are a matter reserved to Whitehall, it was reported over the weekend that Scottish ministers were lobbying for an opt-out for adoption agencies north of the Border. In the run-up to the election, many Labour MSPs have been campaigning for an exemption for Scotland in order to keep the Catholic Church on side.

However, the Scottish Executive yesterday insisted the legislation will go ahead as planned in Scotland.

The Catholic Church in Scotland is now so worried about the law coming in that the Bishop’s Conference in Scotland is seeking legal advice on a possible judicial review.

John Deighan, parliamentary officer for the Catholic Church in Scotland, said members of the Bishop’s Conference were so concerned they were seeking legal advice on their rights.

“We are getting legal advice on what are the options available to us. Judicial review seems the most obvious one.

“A judicial review is a process where anybody has a right to challenge a decision made by a government or other authority because it is outside their competence.

“What we are looking at is are the UK government stepping over their competence by bringing into law regulations that do away with rights under the European Convention of Human Rights? We are not even being allowed to follow our consciences in saying we think married couples provide a better home.”

Gay couples in Scotland were given the right to adopt children under laws passed by the Scottish Parliament last year. At the time ministers reassured the Catholic Church that they could continue to vet potential adopters on the grounds of their sexuality.

However, the Equality Act will overrule this and open Catholic adoption agencies to prosecution if they refuse couples on the grounds of sexuality.

Yesterday, the Scottish Executive denied reports there will be any exemptions in Scotland. Instead, it is allowing Westminster to take the lead in giving Catholic agencies two years to come into line with the law.

A spokesman said: “There are no ongoing discussions about exemptions for Catholic adoption agencies.”

And last night gay rights groups again insisted anti-discrimination laws should be followed across the UK.

Josef Church, of Stonewall Scotland, said there was no reason why Catholic adoption agencies in Scotland should be able to discriminate.

“We are just asking for legal protection for gay and lesbian people from discrimination, the same as is afforded people of different races and sex.”