Religion, Sexuality, and Value Conflicts

Case: Johns v Derby City Council [2011] EWHC 375

Case Synopsis: Eunice and Owen Johns, a Pentecostal couple then living in the English Midlands, applied to their local council for approval as short-term foster carers. When the Johns’ conservative views on sexuality threatened to render them ineligible for approval, the parties agreed to ask the High Court for a declaration clarifying the law: how should the Council balance its duty not to discriminate on the grounds of religion or belief with its duty not to discriminate on the grounds of sexual orientation?

The judges who heard the case declined to answer the question put to them. Stating that it was at the ‘very outer limit’ of what might be considered their jurisdiction, they instead used their ruling to reflect on the principles ostensibly regulating the ‘relationship of law and religion in our society’ – and to heavily criticize the parties for bringing suit in the first place.

This case originates in the work of Méadhbh McIvor.