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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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