Religion & Law

Perhaps not, at least in the U.K.  While postponing the ultimate decision, the Queen's Bench division of the High Court of Justice issued this opinion yesterday:

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.

HT: Howard Friedman