News

Michigan Judge Allows Faith-Based Discrimination Against LGBTQ Adoptive Parents to Continue

Discrimination against LGBTQ parents can continue in Michigan, says judge

Last month, U.S. District Judge Robert Jonker ruled in a motion that faith-based adoption agencies are allowed to discriminate against prospective LGBTQ parents on the basis of religious belief. The state's Attorney General, Dana Nessel, asked the judge for a stay while she appealed the decision to a higher court. Last week, the judge denied the motion, effectively allowing adopting agencies to discriminate immediately.

The case involves St. Vincent Catholic Charities, who sued the state of Michigan, contending the adoption agency should be exempt from the state's anti-discrimination laws on the grounds that LGBTQ parenthood violets the church's religious beliefs.

This decision "turns the status quo on its head rather than maintaining it," Attorney General Nessel said in her motion. She wrote further that such a move "presents significant, potential injury" to children who need homes, and limits "the number of applicable families for children in a foster care system who desperately need families."

The judge, in turn wrote that "Under the attorney general's current interpretation of Michigan law and the parties' contracts, St. Vincent must choose between its traditional religious belief, and the privilege of continuing to place children with foster and adoptive parents of all types."

We'll be following this case as Attorney General Nessel's office appeals this decision. Read more about the case here.

Change the World

Michigan Will No Longer Permit Discrimination Against LGBTQ Adoptive Parents

Michigan just rescinded its "religious freedom" law that allowed child welfare agencies to discriminate against LGBTQ people.

According to LGBTQ Nation, Michigan will no longer allow faith-based adoption agencies to turn away same-sex couples. The decision is thanks in part to a lawsuit brought by the American Civil Liberties Union.

"Limiting the opportunity for a child to be adopted or fostered by a loving home not only goes against the state's goal of finding a home for every child, it is a direct violation of the contract every child-placing agency enters into with the state," said Attorney General Dana Nessel.

Nessel, who is raising two kids with her wife, Alanna Maguire, is the first LGBTQ person to ever be elected statewide in Michigan.

As LGBTQ Nation reports, LGBTQ advocates widely applauded the decision:

"Our children need every family that is willing and able to provide them with a loving home," said Leslie Cooper, deputy director of the ACLU LGBT & HIV Project, in a press release. "When agencies choose to accept taxpayer dollars to provide public child welfare services, they must put the needs of the children first."

"Attorney General Nessel makes clear Michigan's commitment to uphold existing nondiscrimination protections," said Denise Brogan-Kator, chief policy officer at Family Equality Council, in a statement. "Furthermore, Nessel's statement demonstrates that she understands that while religious freedom is a core American value, religious beliefs should never be used as an excuse to harm others, or in this case, to reduce the number of loving homes available to children in the Michigan child welfare system."

Michigan's decision brings the total number of states with so-called "religious freedom" laws that permit discrimination against LGBTQ would-be parents down to nine: Alabama, Kansas, Mississippi, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and Virginia. Two other states, Arkansas and Tennessee, are attempting to pass "religious freedom" bills this year:

Read more here.

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