Catholic adoption agency takes appeal against implementing gay equality law to High Court

The High Court has begun hearing the appeal of Leeds-based adoption agency Catholic Care's appeal against the Charity Tribunal's refusal to allow it to exclude homosexual couples from using its adoption service.

According to the Yorkshire Post, the charity is arguing that the Equality Act (Sexual Orientation) Regulations 2007 contain “an exemption regulation which could be read as giving it the chance to discriminate if amending its constitution will help it achieve its aims”.

The discrimination would be justifiable, the charity's barrister said, because the good work it carried out with children "far outweighed" the harm from denying its services to same sex couples who would still be able to go to other adoption agencies.

Catholic Care, which operates in the dioceses of Leeds, Middlesbrough and Hallam in South Yorkshire, is the last Catholic adoption to continue its fight against the regulations after the Roman Catholic Church's campaign to exempt Catholic agencies from the regulations failed.

The Charity Tribunal found against Catholic Care in June last year, but allowed the agency to appeal to the High Court in order to provide a judicial ruling on the correct interpretation of regulation 18 of the Equality Act (Sexual Orientation) Regulations 2007.

The hearing is due to finish this week, but the High Court is expected to deliver its judgment later this month.