The Catholic Church in Scotland has decided to fight new legislation
which forces them to consider homosexual couples as potential adoptive
parents.

In what could prove to be a significant change of tactics, the Church
has decided not to close down its adoption agencies in Scotland.
Instead, they plan to carry on until they are brought to court for a
breach of the new law, which is due to come into force in April.

The Church believes that it will then be able to challenge the
legislation in European Court of Human Rights under Article 9 of the
European Convention of Human Rights, which protects freedom of religion.

Already, the controversy over the new law has divided the Cabinet and it
is sure to be an issue in May’s Scottish elections. Scotland’s Catholic
hierarchy suggested that it may campaign against Labour in those
elections due to the legislation.

There are Catholic adoption agencies in Scotland, which place about 200 children and offer aftercare to 2,000 more.

Church leaders had previously said that the agencies would be forced to
close, however, a spokesman for the Church said at the weekend that they
would not be shutting down the agencies. “We will carry on working
until someone takes us to court for breaking the law.” He added: “There
would then be a case where one of our agencies would be found guilty of
breaking the law and would be put out of business.”

He went on: “We believe there is an opportunity for a judicial review on
the grounds that compelling people to act against their religious
beliefs contravenes Article 9 of the ECHR.”

A similar challenge is being brought against the government in Northern
Ireland, where the act has already been introduced. Brought by the
Christian Institute, the bid will go ahead in March, in an attempt to
topple the regulations in the Province.

And other examples exist where Church members and people of faith may
find themselves breaking the new legislation, the Church has warned.
Once passed, the Equality Act, will ban any discrimination in the
provision of services on grounds of sexuality.

The spokesman added: “We will see priests prosecuted for saying they are
not renting the hall for a same-sex celebration.” He went on: “What
about the Christian bookshop which refuses to stock gay literature? They
will all be breaking the law.”

Members of the Scottish Parliament took the step of allowing gay
adoption last year, when they passed the Adoption Act. That legislation
contained a compromise which allowed Catholic adoption agencies to pass
gay couples on to other agencies, rather than being compelled to take
them on. This was the situation in England and Wales before the new
legislation.