Catholic adoption agency faces punishment for gay 'discrimination'

St Margaret's Children and Family Care Society in Glasgow was found to discriminate against homosexuals by giving higher priority to couples who have been married for at least two years.

The Office of the Scottish Charity Regulator (OSCR) reviewed the practices of the adoption agency following a complaint from the National Secular Society.

Despite concluding the charity provides a valuable service to the public, its investigation found St Margaret’s was operating in breach of the Equality Act 2010.

It has until April 22 to comply with the legislation or will lose its charitable status, which means it does not pay corporation tax and receives a substantial discount on its rates.

The ruling came after the SNP administration decided to press ahead with the introduction of gay marriage despite two-thirds of respondents to an official consultation being opposed.

John Deighan, the Scottish Catholic Church’s parliamentary officer, said the decision was an example of the “equality extremism” that will become more evidence when same-sex marriage is introduced.

“This proves the concerns have been valid. The adoption society has done an outstanding job throughout the years,” he said.

“It seems quite absurd that can be written off and the charity regulator can say it doesn’t provide a public benefit. That’s not the reality for all the children and families it has helped over the years.”

The OSCR report found the agency gives greater priority to prospective adoptive parents who are a couple, Catholic, married for at least two years and wish to adopt within the framework of the Catholic faith.

Because marriage is not yet available to gay couples, the regulator ruled this “constitutes direct discrimination” and breached equality laws because access to the benefit the charity is providing is “unduly restricted”.

“OSCR also finds that this discrimination causes disbenefit to same-sex couples. For these reasons OSCR finds that the charity does not provide public benefit and it therefore fails the charity test,” the report concluded.

Martin Tyson, the regulator’s head of registration, said: "We acknowledge the valuable service provided by this charity, but the fact is that all charities must comply with the law, including the Equality Act 2010. Where we find this is not the case, we have a duty to act.”

Alistair McBay, Scottish spokesman for the National Secular Society, welcomed the decision and suggested the agency sever its connections with the Catholic Church to retain its charitable status.

“This kind of crude discrimination is no longer acceptable in our society – and that goes double where the discrimination is, in effect, being largely financed by the public purse,” he said.

The adoption agency was unavailable for comment last night but Mike Russell, the SNP Education Minister, said he was “disappointed” by the decision.

"We do not believe that this outcome is in the best interests of the children St Margaret's helps, who are in need of a safe and loving family home," he said.