Michigan Capitol Wide Winter

The Michigan Capitol

(Tanya Moutzalias | MLive Detroit)

LANSING, MI -- Faith-based adoption agencies that turn away gay applicants on religious grounds would win new protections under legislation approved Wednesday in Michigan's Republican-led House.

The three-bill package, now heading to the Senate, seeks to prevent the state or federal government from cutting funding or taking other "adverse action" against private agencies that refuse to provide service conflicting with their "sincerely held religious beliefs."

The lower chamber approved the bills in a series of 65-44 votes. One Republican voted against the package, while three Democrats joined the majority party in support.

Critics argued three legislation would enshrine discrimination into state law and is likely to be challenged in court if enacted.

"It's not just license to discriminate. It's actually writing a check for that discrimination," said State Rep. Jeff Irwin, D-Ann Arbor. "This isn't just state-sanctioned discrimination. It's state-funded discrimination."

But supporters say the bills would simply codify an existing policy in the Department of Human Services and ensure continued "diversity" amongst adoption agencies that contract with the state to find homes for foster children.

"We know when it comes to kids, it's not a one-size-fits-all approach. So what we want to do is make sure that we have the most options available," Rep. Andrea LaFontaine, R-Columbus Township, said earlier this week.

"We have an 80 percent placement rating for children in today's system, and we want to make sure this success continues into the future."

Under the bills, an agency that rejects an adoption referral from the state would be required to refer the applicant to another agency that is "willing and able" to provide services and share a link to a state website.

State Rep. Eric Leutheuser, who sponsored one of the bills, said they were carefully written to respect children and would not close the doors on any potential adoptions.

"By referring prospective parents to other agencies that may be a better match, it is a way to avoid potential conflicts of interest, keep more doors open and ensure a greater diversity in paths to forever loving families," said Leutheuser, R-Hillsdale.

There are 62 adoption agencies operating in the state, and 17 have a religious affiliation, according to the Michigan Catholic Conference. Several operate in multiple locations, however. Bethany Christian Services, the largest agency in the state, has offices in eight Michigan counties.

State Rep. Jon Hoadley, one of two openly gay members elected to the House last fall, said supporters appeared well intentioned but said the legislation would produce negative results by putting the interests of adoption agencies ahead of children.

"It is not my faith that will decide whether people like me get service or not," said Hoadley, D-Kalamazoo. "It's going to be the faith of the person sitting on the other side of the desk."

The legislation appears to be a proactive attempt to protect faith-based agencies from any future policies that might force them to choose between violating their beliefs or jeopardizing state funding.

Supporters point to states like Illinois, where some faith-based agencies closed in 2011 rather than comply with a new state policy requiring them to serve all prospective parents, regardless of sexual orientation.

But adoption rates in "gay-friendly" states tend to be higher than in "anti-gay" or "neutral" states, according to Dr. Jeanne Howard, an adoption research specialist who provided an affidavit last month during committee testimony.

"It is time for the agencies to shed their prejudices and accept gay and lesbian couples as having the same capacity to love children and be exemplary parents," said state Rep. Marcia Hovey-Wright, D-Muskegon, who voted against the bills.

Similar legislation passed the House late last year but did not see a vote in the Senate. New Senate Majority Leader Arlan Meekhof, R-West Olive, has expressed an interest in discussing the bills this year.

Republican Gov. Rick Snyder has not backed the bills, however. He said last week that his administration was reviewing the proposal to ensure the best outcome for kids.

Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Facebook or follow him on Twitter.