Lord Justice Munby and Mr Justice Beatson
Eunice and Owen Johns, aged 62 and 65, from Oakwood, Derby, went to court after a social worker expressed concerns when they said they could not tell a child a "homosexual lifestyle" was acceptable.
The Pentecostal Christian couple had applied to Derby City Council to be respite carers but withdrew their application, believing it "doomed to failure" because of the social worker's attitude to their religious beliefs.
They asked judges to rule that their faith should not be a bar to them becoming carers, and the law should protect their Christian values.
But Lord Justice Munby and Mr Justice Beatson ruled 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. The Johns are considering an appeal
Well, the Johns should go for it…
By way of the Human Rights Act 1998 Section 11 Safeguard for existing human rights.
A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; ........
The High Court should be reminded that the 39 articles of religion as found in the book of common prayer is still good law in this country.
Article 37 of the 39 Articles of Religion is quite clear.
"The King's Majesty hath the chief power in this Realm of England, and other his Dominions, unto whom the chief Government of all Estates of this Realm, whether they be Ecclesiastical or Civil, in all causes doth appertain, and is not, nor ought to be, subject to any foreign Jurisdiction".
The Thirty - nine Articles of Religion were drawn up by the church in convocation in 1563
Subscription to them by the clergy was ordered by act of Parliament in 1571. The Subscription (Thirty-Nine Articles) Act (1571), 13 Elizabeth, Cap. 12
The 39 Articles can be found in the Book of Common Prayer, which has not been repealed and are part of the British constitution through the Act of Settlement 1701 and the Act of Union with Scotland 1707
Oh yes, and the Clergy of the Church of England are still required to acknowledge that the Articles are "agreeable to the Word of God," CANON C15 OF THE DECLARATION OF ASSENT