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Jean-Yves Gilg

Editor, Solicitors Journal

Should Sexual Orientation Regulations include religious exemptions?

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Should Sexual Orientation Regulations include religious exemptions?

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Catholic adoption agencies last night (29 January) appeared to have failed in their attempt to secure an exemption from the new Sexual Orientation Regulations, as the Prime Minister Tony Blair announced in a statement that there would be no exemption for faith-based groups.

Catholic adoption agencies last night (29 January) appeared to have failed in their attempt to secure an exemption from the new Sexual Orientation Regulations, as the Prime Minister Tony Blair announced in a statement that there would be no exemption for faith-based groups.

The proposed regulations, to be presented to Parliament shortly, would not enter into force before 2008, giving adoption agencies 21 months to decide whether they intend to continue to operate or not.

Communities Secretary Ruth Kelly, a prominent catholic, backed the Prime Minister, saying the proposed regulations were "a positive breakthrough" which would help eliminate discrimination.

Conservative leader David Cameron brought his support to the regulations. He said in an interview for Radio 4's Today programme that he wold vote for the regualtions"because it is right to have clear rules against discrimination".

The story so far...

At the weekend (28 January) Shadow Home Secretary David Davis backed catholic leaders calling for an exemption for adoption agencies.

Education secretary Alan Johnson last Wednesday (24 January) rejected the Catholic Church's request, saying that allowing catholic adoption agencies to be exempt would amount to "plain and simple discrimination".

On Tuesday (23 January) the Roman Catholic Church of England and Wales (RCCEW) warned that it would have to close its seven adoption agencies, which account for four per cent the children adopted in 2006, unless the government made further religious exemptions to its draft Equality Act (Sexual Orientation) Regulations. Cardinal Cormac Murphy-O'Connor, head of the Church of England, said in a letter to the Prime Minister and members of the Cabinet, "to consider adoption applications from homosexual couples" would require adoption agencies to "act against the principles of Catholic teaching".

Jonathan Finney, Parliamentary Officer for gay and lesbian campaigning organisation Stonewall commented that the Cardinal was "putting dogma before the best interests of the child", and that "an exemption would undermine existing adoption legislation, where the sole focus is the welfare of the child. This would damage the interests of some of the most vulnerable children in our society.'

Stonewall supported earlier requests by Christian organisations that provide "services". "These doctrinal exemptions apply to narrow areas like churches, baptisms and weddings," said Finney. He added that wider exemptions could also effect hospices and day care centres, which could 'turn gay people away from such services.'

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