Christian magistrate awaits appeal judgment over gay adoption case

The Christian magistrate who was forced to resign he was refused exemption from cases which may result in the placement of a child in a same sex household is awaiting judgment following his appeal at the Employment Appeal Tribunal on Monday 22 October.

Andrew McClintock appealed to the Employment Appeal Tribunal, a division of the High Court, after a Sheffield Tribunal failed to consider expert scientific evidence on the "experimental nature" of gay adoptions.

McClintock, 63, a magistrate for 18 years on the South Yorkshire Bench, became the first judge in the land to take the Lord Chancellor to court in January. He claimed he was forced to resign from the Court's Family Panel after court managers failed to make reasonable accommodation of his religious and philosophical beliefs on gay adoption cases in which he might be asked to officiate.

McClintock had told them he could not make an order for a child to be raised by two same-sex parents as there was scientific evidence to suggest this was not in their best interests, and, as a Christian, he felt making such a decision would go against his conscience. He asked court staff to screen his cases so that other magistrates could preside over such cases. When court managers refused, he was forced to resign.

In January, an Employment Tribunal sitting in Sheffield considered his case but refused to accept the Court had acted unreasonably.

McClintock claims the tribunal failed to consider expert evidence provided by Professor Dean Byrd, President of the Thrasher Research Fund, and Clinical Professor of Medicine, University of Utah School of medicine.

Dr Byrd is also vice president and standing psychologist to the National Association for Research and Therapy of Homosexuality (NARTH), the foremost research body in the US on the subject matter of medical and social study of homosexuality.

Professor Dean Byrd told the court that there was substantial evidence to support McClintock's conviction that ordering a child to be raised by a same-sex couple was not in his or her "best interests".

As the court also failed to give any consideration to accommodate his religious beliefs, McClintock believes a precedent has been set which will eventually see Christians forced out of serving in public office if they stand up for their convictions.

McClintock said: "This ruling is going to make it harder for many conscientious people: whether they are JPs in the family court, or otherwise involved with children, or maybe with different matters of conscience. Anyone who holds seriously to the traditional morals and family values of Jews, Christians or Muslims will think twice before taking on such a job. It will diminish the pool of people willing to do such work, both in numbers and diversity.

"Professor Byrd said there was little research into the effect of same-sex nurture on children's development, and that what had been established was worrying. This view of the scientific facts was unchallenged by the other side. So, more needy children will be fuelling this experiment in social science, and suffering what the experts call mother-hunger or father-hunger."

The judgment from the appeal is scheduled to be handed down within two weeks.