British Court Struggles With Conflict Between Christian Beliefs and Foster Care Rules On Sexual Orientation

In Britain yesterday, the Queen's Bench Division of the High Court of Justice refused to issue a declaratory order in a case pitting a Christian couple's beliefs regarding homosexuality against a proposed interpretation of government standards for approval of applicants who wish to serve as foster care givers.  R Johns v. Derby City Council, (EWHC, Feb. 28, 2011), involves questions  raised by a social worker who interviewed Eunice and Owens Johns as to whether they would be able to give appropriate support to a foster child who might be confused about his or her sexuality.  The government's National Minimum Standards for Fostering Services requires that young people be provided with foster care services that value diversity and promote equality. Derby City Council's Fostering Panel postponed a decision on whether to approve the Johns' application pending further consideration of the legal issues. Both parties agreed to seek a judicial ruling.  The court observed that the proceedings are "most unusual" because they seek a determination in the abstract. However the Court strongly rejected plaintiffs' contention that the case is about whether the government is relegating Christians to second class status.

Groups such as the Christian Legal Centre have issued statements strongly critical of language in the opinion such as the following statement that is part of the court's analysis:

If children, whether they are known to be homosexuals or not, are placed with carers who ... evince an antipathy, objection to or disapproval of, homosexuality and same-sex relationships, there may well be a conflict with the local authority's duty to "safeguard and promote" the "welfare" of looked-after children. There may also be a conflict with the National Minimum Standards for Fostering Services and the Statutory Guidance. Religion, belief and sexual orientation are protected characteristics under the Equality Act 2010.... While as between the protected rights concerning religion and sexual orientation there is no hierarchy of rights, there may ... be a tension between equality provisions concerning religious discrimination and those concerning sexual orientation. Where this is so, Standard 7 of the National Minimum Standards for Fostering and the Statutory Guidance indicate that it must be taken into account and in this limited sense the equality provisions concerning sexual orientation should take precedence.

Yesterday's London Telegraph reports on the decision, focusing on the court's statement that the judges serve a multi-cultural community of many faiths, "but the laws and usages of the realm do not include Christianity, in whatever form."