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Gay adoption tribunal appeal due Gay adoption row appeal begins
(about 12 hours later)
An ex-magistrate who failed to get an exemption from hearings in which he might have to place children with gay couples is beginning an appeal. An ex-magistrate who says he was forced to resign because he would not place children for adoption with gay couples has begun an appeal.
Andrew McClintock, of Sheffield, says he faces discrimination for his Christian beliefs. His appeal follows an employment tribunal ruling in March. Andrew McClintock, 63, of Sheffield, said he was discriminated against for his Christian beliefs.
The tribunal heard he did not want to have to remove a child from its natural family into the care of a gay couple. The appeal has heard Mr McClintock believed children were best placed with heterosexual parents and gay adoption was an "experiment in social science".
He said children would escape "one kind of harm only to face another hazard". His appeal follows an employment tribunal ruling in March.
Mr McClintock told the employment tribunal in Sheffield his request to avoid such cases had been refused. The father-of-four, a member of the Christian People's Alliance council, had served as a magistrate in the family courts in Sheffield for 15 years where he decided whether children needed to be taken from troubled families and put into care.
The Christian People's Alliance Council member said new rules on same-sex couples contradicted both his personal religious beliefs and his duty as a magistrate to put the child's welfare first. Earlier, Paul Diamond, for Mr McClintock, told the London hearing that his client was the victim of indirect discrimination.
'Growing number' Child's best interests
He claimed that left him with no option but to resign. Mr Diamond said his client believed he had "rational grounds" to question whether it was in a child's best interests to be adopted by a gay couple.
Ahead of Mr McClintock's appeal hearing later, BBC religious affairs correspondent Robert Pigott said the former magistrate's stance is being reflected by others. He said if there was evidence that a child would suffer, for example from bullying, then it would not be right to place them with a gay couple.
Our correspondent said: "Mr McClintock is one of a growing number of traditionalist Christians in public service who claim that laws giving equal rights to gay people are preventing them from behaving in accordance with their religious beliefs." The hearing was told Mr McClintock wrote to his employers in the build-up to the change in law that allowed gay couples to adopt.
Earlier this year, when the government came under fire for legislation that prevented Catholic adoption agencies from discrimination against gay couples, it got strong support from a number of MPs. He requested permission to excuse himself from same sex hearings but his request was refused and he resigned.
Ministers said any dilution of the legislation would render equality for gay people pointless. Mr Diamond said: "He simply said.... in my view the best interests of a child are best served by a dual gender upbringing."
Adrian Lynch, for the Department for Constitutional Affairs, said the tribunal found his client's treatment of Mr McClintock was "justified".
He said it was for parliament to set the parameters for who can adopt children.
The hearing continues.