Christian Magistrate Fights for Beliefs in Landmark Gay Adoption Case
A Christian magistrate will become the first 'judge' in the UK to take the Lord Chancellor to court in an unprecedented employment tribunal in Sheffield on Wednesday 24th January.
by Daniel Blake
Posted: Thursday, January 25, 2007, 7:05 (GMT)
A Christian magistrate will become the first 'judge' in the UK to take the Lord Chancellor to court in an unprecedented employment tribunal in Sheffield on Wednesday 24th January.
Andrew McClintock, 63, who has served 18 years on the South Yorkshire bench, will claim he was forced to resign as a member of the family panel after 15 years of service as court managers failed to make reasonable accommodation of his religious and philosophical beliefs.
Mr McClintock, a married father of four, with four grandchildren, is a committed Christian. As an experienced magistrate, he, along with colleagues, frequently hear cases in which they must make orders placing vulnerable children into the care of others.
Since the implementation of the Civil Partnerships Act, same-sex couples now have the legal right to be treated as equal to married couples in their bid to be awarded care of children.
Last year Mr McClintock told court managers that on the basis of his deeply felt Christian convictions, and the legal requirements placed on him to act in the best interests of a child, he did not believe a child's best interests would best be served by being brought up by a same-sex couple.
Mr McClintock advised the court that as a serving magistrate he too was under an obligation to obey the law, including the Civil Partnerships Act, and therefore, he requested court managers allow him leave of cases where he would specifically be asked to act against his conscience, or against his judgement as to what was "in the best interests of the child(ren)". He said he would be happy for other magistrates to sit in such cases and order as they saw fit.
Mr McClintock was told he must preside over cases that involved prospective gay parents. In his tribunal case, Mr McClintock will seek to persuade the court that he was discriminated against, and that the court should have allowed his request under Regulation 10 of the Employment Equality (Religion or Belief) Regulations 2003.
Supporting Mr McClintock in his bid to prove that placing children with same sex couples may not be in their best interests, the court will hear expert evidence from 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 USA on the subject matter of medical and social study of homosexuality.
Dr Byrd will advise the court of extensive worldwide research, demonstrating the financial and emotional stability that dual-sex, married relationships offer to a child, and of the huge benefits to their social, health and educational development.
He will also advise the Court that children raised in homes with both mothers and fathers navigate the developmental stages of life more easily, are more solid and secure in their self and in their sense of gender identity, perform better at school, have fewer social and emotional problems and become better functioning adults.
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Added: Thursday, November 1, 2007, 14:49 (GMT)
I would like to point out that whilst it is reasonable to suggest a child is better off with duel sex parents, it is also a true that a child with any parents is infinitely better off than one without. A child being adopted by his very circumstance has no parents, (at least none willing to take responsibility) a gay couple are equally capable of bringing a child up in a loving caring environment, which should be the primary concern of any hearing regarding child welfare. Financial pressures are statistically more likely to have an adverse effect on a child than the sexuality of its parents- where are the magistrates resigning over care cases which involve families from lower socio economic groups?!
Sean , Birmingham UK
Added: Thursday, October 25, 2007, 10:23 (BST)
Dear Brother in Christ.
May God Bless you for your boldness to speak up.
Please note that i am involved in prayer meetings every morning, and since we read about the situation you are in, we pray for you every day.
God Bless you
Suze, London
Added: Wednesday, October 24, 2007, 18:16 (BST)
I commend Andrew on the stace and militant decision he has made God bless you dear brother in Christ. As for the comment from Rob Ives " How is this any different from the right to be able to discriminate against people on the grounds of race? A bigot is a bigot no matter what religious clothes you dress it in." Why do people keep insisting to put homosexuals in the same bracket as race we are all from one race and now diffrent races but we are not all homosexuals thank the Lord.
susan, manchester
Added: Tuesday, October 23, 2007, 20:20 (BST)
Andrew McClintock want the right to be able to discriminate against gays. How is this any different from the right to be able to discriminate against people on the grounds of race? A bigot is a bigot no matter what religious clothes you dress it in.
Rob Ives, Cumbria UK
Added: Monday, October 22, 2007, 7:16 (BST)
Homosexuality and paedophilia are not the same thing. This man's beliefs are mistaken.
Murray Abisch, London, UK
Added: Wednesday, February 14, 2007, 12:41 (GMT)
hello im a mother who has suffered the miscarraige of justice where my youngest daughter who is only 6 has been adopted by a female gay couple. im now trying to find the judge in sheffield who recently objected to being part of any proceeding of this kind.if possible could you please pass on my details as he may be able to help me i think he was very right in the way he has conducted himself has many more judges should speak out against this. It is immoral and no child should have to go through this. I would like to add im not homophobic as i have gay friends who have also said that it is wrong for children to be put in this situation!!
Lisa Brown, Sheffeild, UK
