Yesterday, a black Christian couple were told that Derby City Council had been right to bar them from fostering children because of their refusal to tell children in their care that the practice of homosexuality is a good thing, which contradicts their Christian views about sexual ethics. The ruling of the High Court in London stated that laws protecting people from discrimination because of their sexual orientation “should take precedence” over the right not to be discriminated against on religious grounds, and that if children were placed with carers who objected to 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”.
This ruling may well be correct in law – I’m not qualified to judge – but if it is, it does legalise discrimination against Christians and those of other faiths. The very wording of the ruling implies this: if there’s a conflict between discrimination on the grounds of homosexuality and discrimination on the grounds of religious belief, then it’s better to discriminate against the people who hold the religious beliefs in question rather than (merely appear to) discriminate against gays.
Why? Apart from debatable technical reasons (i.e. “there may well be a conflict with the local authority’s duty to ‘safeguard and promote the welfare’ of looked-after children”), the only reason for privileging sexual orientation over religious belief is that the moral rectitude, or at least the absence of immorality, of same-sex relationships has become unquestionable and uncontestable (including in law), whereas religious beliefs are now regarded as fundamentally questionable and are no longer accepted as resting on absolutes, either moral or epistemological (i.e. as being based on an objective theory of knowledge).
As the BBC’s religious correspondent Robert Pigott, writing yesterday, put it: “This was the most decisive ruling against the idea of Christian values underpinning English law since judges ruled last year that to protect views simply because they were religious would be irrational, divisive and arbitrary. Today the message was that courts would interpret the law in cases like the Johns’ according to secular and not religious values”. So not only do the laws themselves enshrine secular values and philosophically sceptical views towards religion – including Christianity: England’s traditional faith – but secular interpretions of the law will ‘take precedence’ over religious ones where there is a conflict.
I suppose one should not complain too much if the law and its interpretation reflect general changes in society, and its views on ethics and faith. But my point is that, as a result of yesterday’s ruling, this is likely to result in egregious discrimination against Christians and those of other faiths, which ought to be prevented in law not defended. For a start, the Johns – the couple at the centre of the case – were not adjudged to have committed any act of discrimination against gays: they weren’t actively trying to prevent gay couples from fostering; although many people, not just Christians, would regard a married couple like the Johns as more suitable foster parents than a gay couple.
So in reality, it’s just the Johns’ beliefs that were regarded as discriminatory and as therefore potentially being a ‘bad influence’ on the children committed to their care; i.e. as encouraging children to take on similarly ‘discriminatory’ views, thereby damaging their welfare, which the Council is statutorily obliged to safeguard. But is the Court, and society in general, really saying there is such a thing as a totally neutral, non-discriminatory environment in which children can grow up? The ruling appears to imply that it’s wrong for Christian foster carers to tell children that gay sex is morally bad but it would be OK for atheist couples to tell children that Christianity is wrong, both morally and in terms of its claim to truth. Is that what we’re saying: it’s wrong for Christians to tell their foster or adopted children (and their own children, too?) that gay sex is wrong, but it’s OK – in fact, positively a good thing – for non-believers to tell their charges that Christianity is wrong?
Besides which, the Johns weren’t even insisting on the right to tell children in their care that gay sex was ‘wrong’, only that they couldn’t tell a child that “the practice of homosexuality was a good thing” [quote from Mrs John’s speech after the ruling]. In other words, the Court has decided not only that foster carers shouldn’t preach their Christianity to their children but that they should preach the ‘virtues’ of a gay lifestyle, i.e. actively promote homosexuality.
Let’s try to imagine a real-world situation: a child being looked after by the Johns is asking them about sex and relationships and, in the interests of that child’s rounded development, they’re supposed to tell him or her that it’s not only perfectly all right to be gay but that gay relationships are a positively good thing – just as good and valid as marriage (if not more so?) – even though the Johns don’t actually believe that last point to be true and their own lives are lived out on different principles. What nonsense! How is the child to make sense of that? ‘So, you’re telling me it’s OK for me to have gay relationships, even though you don’t think they’re right?’ How is that providing coherent moral guidance for kids?
No, what they would of course do is say that it’s OK to be gay (which virtually all Christians believe nowadays) but that, in their opinion, the practice of homosexuality is morally wrong and that the child should wait till he or she had grown up a bit more and was sure about their sexuality before deciding to enter into a relationship; and that after the age of 18, they would in any case be completely free to make their own decisions and that, whatever they decided, they would still be loved. This is being honest with the child and presenting him or her with moral guidance consistent with their own lifestyle, which the child can react against or not when they reach maturity. Plus it’s no different from what most loving parents would do, even in the case that their child came out as gay rather than just seeking guidance on matters of sexuality: they’d prefer their children not to start having sexual relationships until they were 18 and / or had left home.
If the Court thinks that providing children with strict moral guidelines together with loving care, up until the time that the child is legally old enough to make all his or her own decisions, represents a threat to the child’s healthy development, then it is the Court that is out of touch with English social mores, and it is the Court that is being discriminatory, not people like the Johns. Does the Court really think it would be more in the interests of a child’s welfare for its foster parents to say: “being gay is a good thing, and we’d be perfectly happy for you to start having a same-sex relationship just as soon as you’re over the age of consent”? That would appear to be what is being implied by the ruling: better to give children the ‘moral guidance’ that gay sex, and indeed any sex, is fine and proper so long as it’s legal. So one of the unintended (or perhaps intended?) consequences of this ruling will be to undermine the authority of parents to give their children any moral guidance about sex that might appear to limit their sexual freedom once over the age of consent.
And there are other apparent unintended consequences or implications to this ruling:
- The Court appears to be saying that it’s ‘better’ for children to be fostered and adopted by gay couples than by Christians with a strict moral code
- A same-sex relationship is therefore ‘better’ than a conventional marriage lived according to Christian principles, as being brought up in such an environment is potentially damaging to children
- It’s wrong to tell children that gay sex is wrong, but it’s OK – indeed, a good thing – to tell children that Christianity and other faiths are wrong
- It’s legitimate in certain circumstances to discriminate against people on the grounds of their religious beliefs, even when those beliefs do not result in discrimination against other people or beliefs
- The legislature for England now gives greater ‘precedence’ to secular-liberal principles – even ones which conflict with general custom and practice in society – than Christian principles
- The views of working-class black-English Christians are treated as less worthy of respect than the ideology of middle-class British liberals: would the Johns have been treated with the same contempt had they been middle-class white Londoners? Maybe; but maybe not.
In making its ruling yesterday, did the Court intend to imply all of the above statements? If not, an urgent clarification is needed – and, indeed, the Johns have called for a public enquiry on the issues raised. There are two fundamental issues at stake: the welfare of children and the law’s attitude towards those with religious beliefs. Without further clarification, yesterday’s ruling strongly implies a discriminatory attitude towards traditional religious faith: that it is somehow ‘objectively’ wrong, both morally and philosophically; whereas the belief in the moral rectitude of gay relationships has somehow been elevated into an unquestionable objective truth. On what basis? Are we really saying that if foster, adoptive and even genetic parents have strong religious views and moral principles, and they pass those on to their children, they are thereby damaging those children’s welfare and development?
Well, one unintended consequence of this prejudiced, stupid and ill-thought-through ruling is that the law has once again shown itself to be an ass: and an ass that, in matters of faith versus homosexuality, has got it completely arse over tip.