Christian beliefs DO lose out to gay rights: Judges' ruling against devout foster couple

By Tamara Cohen for the Daily Mail
Updated: 21:02 EDT, 28 February 2011

A Christian couple facing a foster parenting ban because of their views on homosexuality were told by a court yesterday that gay rights ‘should take precedence’ over their religious beliefs.

Owen and Eunice Johns heard that their values could conflict with the local authority’s duty to ‘safeguard and promote the welfare’ of those in foster care.

The grandparents have already fostered 15 children and were praised by social workers as ‘kind and hospitable people’ who ‘respond sensitively’ to youngsters.

Beliefs: The couple, pictured outside the High Court yesterday, said they were not homophobic but did not recognise civil partnerships between gay couples

Outside court, Mr and Mrs Johns, aged 65 and 62, said they were ‘extremely distressed’ and had ‘only wanted to offer a loving home to a child in need’.

They believe homosexuality is ‘against God’s law and morals’ – but said they are not homophobic and would ‘accept and love’ any child.

The Pentecostal Christians, who have been carers since 1992, had applied to Derby City Council in 2007 to restart fostering after a break.

But social workers raised concerns that their attitudes to homosexuality would conflict with the new Equality Act (Sexual Orientation) Regulations 2007.

Traditional: The couple insisted they are not homophobic at the High Court but do not recognise civil partnerships between gay couples as marriage

The couple decided they were ‘doomed to failure’ and sought a clarification of the law over whether their religious beliefs excluded them from becoming foster carers.

Their case, heard last year, was supported by senior clergy including former Archbishop of Canterbury Lord Carey who, in an open letter, warned that gay rights were taking precedence over the rights of others.

During the case, the Equality and Human Rights Commission argued that children risk being ‘infected’ by Christian moral views.

Yesterday the retired couple’s request for a ruling that faith should not be a bar to becoming a carer was denied at the High Court in London.

Their case was heard by one of the most senior members of the family court, Lord Justice Munby, who was sitting alongside Mr Justice Beeston.

It was ruled that there was no discrimination against them as Christians but that their views on sexual morality may be ‘inimical’ – or harmful – to children. In that situation, they ruled: ‘The equality provisions concerning sexual orientation should take precedence.’

The Johnses are considering an appeal but campaigners fear the ruling will be used as a blueprint for other councils to stop devout Christians from becoming foster parents.

The couple, who have four grown-up children and six grandchildren, had applied to be respite carers offering short-term placements for children aged between five and ten.

Mrs Johns, a retired nurse, said: ‘This is a sad day for Christianity. The judges have suggested that our views might harm children. We do not believe that this is so. We are prepared to love and accept any child.

‘All we were not willing to do was to tell a small child that the practice of homosexuality was a good thing.’

High Court Judges Lord Justice Munby (left) and Mr Justice Beatson ruled that laws protecting people from discrimination because of their sexual orientation 'should take precedence' over the right not to be discriminated against on religious grounds

She added that the couple have visited her nephew, who is gay, and his partner in San Francisco.
Her husband added: ‘We wanted to offer love and stability and security to a vulnerable child. Eight-year-olds we have looked after want to play, not talk about their sexuality.’

Yesterday the council denied that it had sought to discriminate against Mr and Mrs Johns on the grounds of religious belief, but added that it ‘welcomes the judgment’.