Couple Can Not Be Foster Parents Because Views On Homosexuality

Battle to adopt: Eunice and Owen Johns claim they are barred from adopting because of their beliefs

A couple are ‘doomed’ not to be foster parents because their Christian beliefs prevent them from accepting homosexuality, the High Court heard yesterday.

In a landmark legal case, Eunice and Owen Johns argue their rights are being ‘trumped’ by those of homosexuals under equality legislation.

Their case is the latest clash over equality laws introduced under Labour, which were designed to prevent discrimination on the grounds of religion or sexuality.

The couple hope it will force their council to clarify whether Christians with traditional views on sexual ethics are fit to be foster carers.

The Pentecostal Christians – both experienced carers who have provided respite care for 15 children – had applied to Derby City Council to continue their work after a short break. But after social workers raised concerns over their attitudes towards homosexuality, they agreed to withdraw their application.

Mr Johns, 65, and his 62-year-old wife decided to seek clarification of the Sexual Orientation Regulations and the Equality Act to determine whether their ‘traditional’ beliefs exclude them from becoming foster carers.

The case at Nottingham Crown Court is being heard by one of the most senior members of the family court, Lord Justice Munby, and Mr Justice Beatson, underlining its significance.

It follows an open letter signed by senior clerics, including former Archbishop of Canterbury Lord Carey, warning that gay rights laws put homosexual rights over those of others.

Paul Diamond, representing the Johns, said the couple were ‘doomed not to be approved as foster carers because of their religious values’.

‘The promotion of values is something that the court should be protecting,’ he said. ‘People have a wide range of views, but the only views that are being singled out for conflict are the views of homosexual people. The Christian viewpoint, if the courts don’t protect it, will be vanquished in this country.’ 

Discrimination? Christians Eunice and Owen Johns admitted that they would not be able to tell a child that a homosexual lifestyle was acceptable

Mr Diamond said the couple, from Derby, had applied to the council to become respite carers offering short-term placements for a child between five and ten.

But during interviews with social workers in 2008, they admitted they would not be able to tell a child that a homosexual lifestyle was acceptable because this would conflict with their traditional Christian values.

Mrs Johns has said in the past: ‘The council said, “Do you know, you would have to tell them that it’s OK to be homosexual?” But I said I couldn’t do that because my Christian beliefs won’t let me. Morally, I couldn’t do that. Spiritually I couldn’t do that.’

Traditional: The couple insist they are not homophobic but do not recognise civil partnerships between gay couples as marriage

The couple are not homophobic, according to the Christian Legal Centre, which has taken up their case. But they are against sex before marriage and do not recognise civil partnerships between gay couples as marriage.

Mr Diamond told the court the couple believe they were effectively being barred from fostering because of their Christian beliefs.

‘We just ask for a common-sense approach on this term “valuing diversity”,’ he said.

‘Mr and Mrs Johns do value diversity – they will take any child.

‘Valuing diversity does not mean that you cannot have a disagreement or do not respect a person while not valuing certain lifestyles. The court must be mindful that these public policy objectives are not used to trump fundamental rights.’

Andrea Minichiello-Williams, of the CLC, said one of the issues before the court was to determine whether Christian couples with traditional views on sexual ethics were ‘fit and proper persons’ to foster or 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,’ she said.

Ben Summerskill, of the lesbian, gay and bisexual rights charity Stonewall, argues the interests of a child should become before the ‘prejudices of a parent’.

Derby City Council has said its first duty was to the children in its care.

The case continues.

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