New Michigan law on gay adoption draws mixed reaction

Brad O'Conner, 27, of Pittsfield Township and his husband, 22-year-old Nathan Furey, hope one day to adopt a child.

But a new law signed into law Thursday by Gov. Rick Snyder could make it difficult since their relationship violates the beliefs of Christian-based adoption agencies, which account for roughly half of all adoption agencies in the state.

"It puts an unfair burden on my husband and I," said O'Conner. "It's a double standard that doesn't make a lot of sense."

But the new law was cheered by Catholic leaders and evangelical Christians, who say it will help preserve religious liberty.

"Christian agencies ought to be able to not service those in same-sex marriages," said Stacy Swimp, a Flint minister with the National Coalition of Black Pastors and Christian Leaders, which opposes same-sex marriage. "Christians should have religious freedom."



Those clashing views played out across Michigan on Thursday as both sides framed their viewpoint as supporting freedom and opposing discrimination.



The Michigan Catholic Conference, the official voice in Lansing of up to 2 million Catholics in the state and a major proponent of the new law, hailed its passage.



"(The law) will ensure the state does not discriminate against social service agencies that serve the poor and vulnerable while providing foster care and adoption services to the general public," said Catholic Conference CEO Paul Long.

The Michigan branch of the ACLU said it may file a legal challenge to the new law. Other opponents said the U.S. Supreme Court's expected decision later this month on same-sex marriage could invalidate the law.

"We're deeply disappointed that Governor Snyder signed this dangerous legislation," said Rana Elmir, ACLU of Michigan's deputy director. "There is nothing about this shameful legislation that helps vulnerable kids find homes."

Elmir said the legislation also could potentially discriminate against Jews and Muslims who are seeking help from adoption agencies that are Christian-based. Many of the Christian adoption agencies in Michigan receive tax dollars and so should not be allowed to discriminate against religious minorities and LGBT people, say civil rights advocates.

Some religious leaders were also opposed to the bill, saying that conservative Christians were incorrect in framing it as a religious liberty issue.

"It's unfortunate that the state Legislature and the governor have chosen to embrace discriminatory measures when it comes to the LGBT community," said Rev. Bob Cornwall, pastor of Central Woodward Christian Church in Troy. "They are trying to put up roadblocks to full inclusion in the community. The adoption agencies that would be protected because due to religious objections receive state funds for their programs.

"Would we allow the same protections if the issue was race or ethnicity? What we're talking about here is who can provide a loving home for a child. If that person or couple happens to by gay, then why should they be turned away?"

Rabbi Jason Miller of Farmington Hills, a leader in the Jewish community, agreed with Cornwall.

"There are a lot of loving, competent and nurturing people interested in adopting children who need good homes and if this bill keeps even one LGBT couple from being able to adopt then it's a blatantly discriminatory measure that must be fought," Miller said.



Dana Nessel, attorney for the lesbian couple from Hazel Park whose battle to marry arose out of their desire to preserve custody rights for their kids, said Thursday was "a sad day" for many. The couple's case is one of several that the U.S. Supreme Court is considering in its expected ruling this month on same-sex marriage.

"We'll look back on this and see it as a shameful day in the state of Michigan," Nessel said. "It's not a day for us to be proud of."

Swimp said he's concerned that the new law could be basically overturned if the U.S. Supreme Court rules in favor of same-sex marriage. The problem, Swimp said, is federal judges making "rogue decisions without being accountable."

"Religious freedom is essentially the basis for why America was founded to begin with."

But O'Conner said it's an issue of fairness: "We're not treated equally when it comes to adoption."

Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792. Follow him on Twitter @nwarikoo