In McClintock v Department of Constitutional Affairs UKEAT/0223/07, Mr McClintock, a Justice of the Peace, resigned from membership of the Family Panel because the Department of Constitutional Affairs refused to relieve him of the duty to officiate in cases in which he might have to place children for adoption, fostering or care with civil partners or same sex partners. The EAT upheld a tribunal's decision that Mr McClintock had not been directly or indirectly discriminated against or subjected to harassment on grounds of his religion or belief.

The basis on which Mr McClintock had asked to be excused was that children were being treated as part of an unacceptable social experiment. He had not made it clear that his objection was founded on any conscientious or religious convictions.