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28 March 2010
Issue: 7410 / Categories: Legal News
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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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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