Source: News.com.au, SameSame
Sydney -- A GAY couple have won a landmark discrimination case after they were banned from becoming foster parents because they are homosexual.

The couple, whose identities have been suppressed, took legal action when their application to become foster carers was refused by a welfare agency linked to the Uniting Church.

After a hearing the New South Wales (NSW) Administrative Decisions Tribunal has ruled that they were "unlawfully discriminated against on the ground of homosexuality".

In its judgment the tribunal said: "The evidence makes it clear that a heterosexual person in the same position as each applicant would have been provided with the services necessary to allow an application to become a foster carer to be processed and assessed on its merits. We find the refusal to provide those services constitutes less favourable treatment."

The couple were awarded $5000 each in compensation after the tribunal found they were "deeply hurt, insulted and embarrassed".

They lodged a complaint with the NSW Anti-Discrimination Board after being told an application to become foster carers would not be accepted.

The Anti-Discrimination Act prohibits unlawful discrimination in the provision of services on the grounds of homosexuality and marital status.

Gay couples are legally allowed to become foster carers in NSW but the agency defended its decision by arguing it was exempt from the Anti-Discrimination Act on religious grounds.

Legal experts said last night the case, involving a challenge to the Act for religious reasons, was "very interesting".

"It is definitely an unusual case - particularly the discussion of Christian doctrine (in the judgment)," one legal observer said.

Even before the court decision, the NSW government had announced plans to clarify parenting rights of gay couples.

NSW Attorney-General John Hatzistergos said that the NSW government will be introducing legislation to remove existing discrimination.

The new legislation will include the recognition of co-mothers as legal parents of children born through donor insemination, birth certificates allowing both mums to be recognised, amendments to 50 pieces of NSW legislation to ensure de facto couples, including same-sex couples, are treated equally with married couples, and amendments to the NSW Anti-Discrimination Act to ensure same-sex couples are protected from discrimination on the basis of their relationship status in employment, accommodation and access to other goods and services.

Unfortunately, adoption and surrogacy parenting reforms will not be included in this round of reform. This means that step-parented families and families created through surrogacy will not be covered by the changes. A lesbian or gay couple will still not be able to adopt as a couple – but may adopt as individuals. The NSW Government has said it will refer these matters for further consideration to the health, community services and attorneys general ministerial councils.

Full article: Gay couple win foster care case | NEWS.com.au
New Laws For Same Sex Families | SameSame.com.au