Court to rule whether Christians are ‘fit’ to foster

1 November 2010

In a landmark case, the High Court is to be asked to rule on whether experienced Christians are ‘fit people’ to adopt or foster children – or whether they will be excluded from doing so due to the recognition of homosexual rights – regardless of the needs of the child.

Derby City Council and Eunice and Owen Johns’ legal team have taken the unusual step of asking the Court to interpret the Sexual Orientation Regulations and the Equality Act because of a long-standing dispute the Council has with the Johns, who are both highly experienced foster carers, but whose traditional Christian views have left them penalised under legislation enacted by the former Government in the name of equality. This ‘equality’, however, privileges homosexual rights over those of others.

In January 2007, the Johns applied to Derby City Council to be respite carers for a single child aged 5-10 years old. However, in August 2007, the Claimants’ orthodox Christian views on the practice of homosexuality and their commitment to attending church with their children came to the notice of a social worker. As a result of this they were withdrawn from the process.

The Johns believe that to deny Christians the opportunity to be carers will deeply affect children’s welfare, not least because of the desperate shortage of foster carers. Furthermore, if the presumed impact of a loving Christian couple on a ‘hypothetical’ child of a homosexual disposition would be as damaging and discriminatory as the Council appears to suggest, enough even to require a potential blanket ban on fostering by all Christians in the United Kingdom, then the question has to be asked as to the danger of a vulnerable Christian child being placed in a homosexual household, or with non-religious carers, because of the ‘impact’ on the child. This question is never asked.

The need for more adoptive parents in Derby is acute, and has been for a decade.  In 2000 the local paper, the Derby Telegraph, helped launch a new national website (www.Adoption-net.co.uk) dedicated to adoption and fostering after recognizing the county’s massive need.

The Johns have been advised in their case by the Christian Legal Centre (CLC), and have instructed the leading Human Rights barrister, Paul Diamond, to act for the Johns.

Andrea Minichiello-Williams, director of the CLC, said: “The Johns are a loving Christian couple, who have in the past, and would in the future, give a wonderful home to a vulnerable child.  Research clearly establishes that children flourish best in a family with both a mother and father in a committed relationship, like the Johns have.

“Many Catholic adoption agencies have been forced to close because of their belief that vulnerable children should not be placed with homosexual couples, and medical advisers on adoption panels risk being dismissed if they decline to place children with homosexual couples, even if their reasoning is premised on scientific research as well as religious belief. Now, one of the issues before the Court is whether Christian couples, who have traditional views on sexual ethics, are ‘fit and proper persons’ to foster (and, by implication, adopt). That the Court even needs to consider this is a remarkable reversal in the concept of the public good and the traditional definition of sexual morality.”

The Court may well wish to consider the Government’s own statistics on the numbers of homosexuals living in the UK. These statistics were not available at the time of the passing of the SORs or the Equality Act.  The first ever official count of the homosexual population, by the Office of National Statistics last month, has found that only one in 100 adults is homosexual. The figure explodes the assumption – long promoted by the homosexual lobby – that the number is up to ten times higher than this at one in ten.

Another 0.5 per cent of the population consider themselves bisexual, according to the figures gathered from questions put to nearly 250,000 – the biggest survey possible outside a full national census.

This means that, in total, around 1.5 per cent of the population is either homosexual or bisexual.  In 2003 the former Government published and endorsed estimates by the Stonewall lobby group which said that between five and seven per cent of the adult population was homosexual.

Andrea Minichiello Williams added: “If the Court believes that Christian views on homosexuality can be discriminated against, the State has taken a position on a moral question; namely that such religious belief is morally problematic.

“Despite the intentions behind the Sexual Orientation Regulations and the Equality Act, the Courts are still able to establish jurisprudence, ensuring liberty for both parties to this conflict”.

The case will be heard on 1 November in the High Court sitting in Nottingham and is expected to last 2 days.

  • Share

Related articles

All content has been loaded.

Take action

Join our email list to receive the latest updates for prayer and action.

Find out more about the legal support we're giving Christians.

Help us put the hope of Jesus at the heart of society.

Privacy settings

Our website uses cookies, usage analysis and other technologies. We use these tools because they help us to run our website, provide you with content (including video and audio clips), understand how people use our website, make improvements to our services, and promote our work more effectively. This means that we and selected third-party services may store cookies and other similar information on your device, and may analyse how you use our website. Some of these tools are necessary for our website to function as intended but others are optional, and you can choose whether or not to allow them. You can find out more here.

Core functionality

Certain cookies and other technologies are used on our website to provide core functionality. You can read more about this here. You may be able to use your browser settings to block these tools but if you do, our website may not function as intended.

Embedded content

To enrich your experience of this website, we embed carefully selected content from other platforms. For example, we embed video clips from our YouTube channel, and audio clips from our SoundCloud channel. These third-party platforms may store and use cookies (or similar technology) on your device, and may analyse your use of this site or the embedded content. We do not directly control what technologies they use. You can find out more here. If embedded content is disabled it may affect your experience of this website.

Analytics and promotion

This website uses tools from selected third-party providers (Google and Facebook) to help us understand how people arrive at and use our website, and to measure and improve the effectiveness of some of our promotional activity. These tools may store and use cookies (and similar information) on your device, and analyse your use of this website, and other sites and platforms. These tools help us to improve our services, reach people who may be interested in our work and make better use of our resources but information may be shared with these third-party providers and may be used for their own purposes. You can find out more here.