I go away for a few hours and a flamewar breaks out!
I just want to re-iterate my point that affirming that the Equality Act should apply to those fostering children has wider implications.
The Act states (among other things) that it is unlawful to discriminate against a person because of their sexual orientation in providing goods, facilities or services. It also states that it is unlawful to discriminate against a person because of their religion or beliefs (with "beliefs" including atheism and humanism).
The Court Case did not overturn Derby County Council's views that it's refusal to employ Mr and Mrs Johns was due to potential conflicts that could arise as a result of the Sexual Orientation aspect of the Act. As has been pointed out on this thread, what would happen if they fostered a child who came to them and said that they were gay. In an initial interview Mr and Mrs Johns expressed reservations. In a subsequent interview, following a time to think it through, Mrs Johns said that she would support a child who thought they were gay, would reassure a child being bullied over their sexuality, and could work with anyone including gay parents of a child in her care. She had also said that she would never seek to impose her belief system on a child or denigrate parents because of their lifestyle.
However, while she would not openly condemn or undermine a gay person, she felt she could not tell a child that being gay was OK. Because of this, and the social worker doubting her sincerity, Derby Social Services decided she was not suitable. Even though Derby CC state that "Eunice and Owen are kind and hospitable people who would always do their best to make a child welcome and comfortable... they are well-meaning and caring people, who are clearly well-regarded by their family and friends." (cited from the Court Decision)
So the central reason for rejecting them as foster parents is because their views on gay people do not accord with best practice on equalities.
That is the story so far.
Now imagine the same scenario with a humanist wishing to foster. They are asked whether they could support a Christian child, or a child who whilst in their care wished to explore religious beliefs. They are asked whether they would support a child being bullied because of their beliefs, or whether they could work with religious parents of a child in their care. Each time the humanist says yes.
But when asked how they would respond if the child asked them how they felt about religion, and the humanist gave an honest response of "my humanist beliefs mean I personally don't support religion", then they could be barred from acting as a foster parents. That is all it would take.
All we need is a litigious religious group with a chip on their shoulder to take a County Council to court and the level of scrutiny applied to the Johns' views on sexuality will have to be applied to every prospective foster carer's views on religion and belief. And unless you can convince a social worker that you are equally supportive of all religious and philosophical ideas, irrespective of your own views, you will be judged unworthy under the terms of the Equality Act. Even if you say that you would be supportive, a social worker's suspicions that you might not be sincerely supportive of any religious or philosophical stance covered by the Equality Act could bar you from fostering.
Presumably Councils are seeking foster parents because they see them as a better place to put vulnerable children than keeping them in care. By setting the bar on who can be foster parents to a level that could, theoretically, exclude many people the logical consequence is fewer people coming forward for, or being selected as, foster parents.
The losers of this unforeseen consequence of this case will be children in care denied loving foster families. Is that really something to celebrate?