The Catholic Church in Scotland has said that it is prepared to break the law rather than accept new legislation requiring them to regard homosexual couples as prospective adoptive parents.In a significant change of tactics, the Church has decided against closing down its adoption agencies in Scotland.
Instead, the agencies will continue their work until they are brought to court for a breach of the new law.
If they are, the Church feels that it can challenge the legislation in the European Court of Human Rights under Article 9 of the European Convention of Human Rights, which protects freedom of religion.
The announcement adds fresh fuel to the controversy over the new law. The issue has divided the UK Cabinet and it looks set to be an issue in May's Scottish elections. Scotland's Catholic hierarchy have already suggested that they may campaign against Labour in those elections due to the legislation.
There are two Catholic adoption agencies in Scotland, which place about 200 children and offer aftercare to 2,000 more.
Previously, Church spokespersons had said that the agencies would be forced to close. However, a spokesman for the Church said last month that they would not be shutting down the agencies. 'We will carry on working until someone takes us to court for breaking the law.'
He added: 'There would then be a case where one of our agencies would be found guilty of breaking the law and would be put out of business.'
'We believe there is an opportunity for a judicial review on the grounds that compelling people to act against their religious beliefs contravenes Article 9 of the ECHR,' he continued.
This follows on from a similar challenge which is being brought against the Government in Northern Ireland, where the act has already been introduced.
The challenge, brought by the Christian Institute, will go ahead in March, in an attempt to topple the regulations there.
The Church has also warned that other examples exist where Church members and people of faith may find themselves breaking the new legislation. Once passed, the Equality Act will ban any discrimination in the provision of services on grounds of sexuality.
The spokesman added: 'We will see priests prosecuted for saying they are not renting the hall for a same-sex celebration.' He went on: 'What about the Christian bookshop which refuses to stock gay literature? They will all be breaking the law.'
Members of the Scottish Parliament took the step of permitting homosexual couples to adopt last year, when they passed the Adoption Act.
That legislation contained a compromise which allowed Catholic adoption agencies to pass homosexual couples on to other agencies, rather than being compelled to take them on.
This was the situation in England and Wales before the new legislation.
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