Doncaster adoption agency that tried to block gay couples loses discrimination case

Evangelical Christian foster agency Cornerstone Adoption and Fostering Services has been told it cannot block gay and lesbian couples looking to foster children.

The Court of Appeal upheld a ruling that Cornerstone’s policy is illegal and must be changed.

The independent Doncaster-based foster care agency took legal action after Ofsted downgraded its rating to ‘requires improvement’ in 2019 because it discriminated against applicants who were not in a heterosexual marriage.

At a hearing in May 2020, Judge Julian Knowles concluded that the agency’s policy unlawfully discriminates against gays and lesbians because it contravenes the Equality Act and the Human Rights Act. .

The judge therefore dismissed Cornerstone’s claim and ordered it to pay 75% of Ofsted’s costs.

The agency appealed in June, but three appeals court judges, Lord Justice Peter Jackson, sitting with Lady Justice Asplin and Lady Justice Nicola Davies, agreed the policy was discriminatory.

In the ruling, Lord Jackson wrote: ‘I came to the clear conclusion that the judge was correct in concluding that the different treatment resulting from Cornerstone’s recruitment policy was not justified, either under the law. on Equality 2010 or Human Rights Act. 1998. “

He added: “In order to justify a policy of this nature, it had to provide credible evidence that there would otherwise be a seriously detrimental impact on caregivers and children. The evidence she did put forward did not go beyond the level of general assertion.

“As a result, the judge naturally found it impossible to conclude that the ability to discriminate against homosexuals was an issue of such importance to Cornerstone that without it the well-being of current and future caregivers and children would be seriously affected. “

Cornerstone attorney Aidan O’Neill QC argued the ruling was wrong.

He said that the acceptance that sexual intimacy should be exclusively enjoyed in a heterosexual marriage was part of evangelical identity.

“You cannot be an evangelical Christian whose lifestyle is one that approves of homosexual activities,” he argued.