ACLU may challenge newly-signed law on adoption by gays

The ACLU is already looking at options to challenge laws, signed by Gov. Rick Snyder Thursday, that will allow faith-based adoption agencies in Michigan to refuse to serve prospective parents, like same-sex or unmarried couples, if doing so would violate the agencies' religious beliefs.

Snyder's decision on faith-based adoption came as the U.S. Supreme Court is on the verge of ruling later this month on whether same-sex marriages should be legal in Michigan and several other states.

The decision came after the bill was placed on the Senate's agenda at the last minute -- and with no notice Wednesday -- passed and quickly concurred in by the House of Representatives.

"The state has made significant progress in finding more forever homes for Michigan kids in recent years and that wouldn't be possible without the public-private partnerships that facilitate the adoption process," Snyder said in a statement. "We are focused on ensuring that as many children are adopted to as many loving families as possible regardless of their makeup."

ACLU attorney Brooke Tucker said the group is looking at ways to challenge of the law on constitutional grounds.

"The constitution doesn't allow discrimination based on religion and you can't do that with state funds," she said. "We're looking at our legal options and especially looking to hear from people who will be adversely affected by this."

Critics of the bills have derided the legislation as state-sanctioned discrimination against same-sex and unmarried couples — especially because many of the faith-based agencies receive public funding from the state.

But supporters say it will help keep all options open for adoptive parents, while not forcing the agencies to compromise their principles for fear of legal retaliation or face closure because of a loss of state funding.

Snyder office included letters from Bethany Christian Services and the Michigan Catholic Conference, which account for 25-30% of the foster care and adoption placements in the state, that expressed fear that Michigan would be like Washington D.C.. Boston, San Francisco or Illinois where faith-based agencies were forced to close when they had to choose between opening their doors to all or risk losing funding.

"If House bills 4188-4190 are not signed into law, and if statewide policy changes in a way that would force Catholic agencies to choose between violating strongly held religious beliefs or ceasing cooperation with the state, the agencies will cease to cooperate," Paul Long, President of the Michigan Catholic Conference wrote Snyder.





In the 2014-15 budget year, $19.9 million in state and federal funds went toward supporting agencies for adoption and foster care services, according to the state Department of Human Services. Nearly $10 million of that total went to faith-based agencies that would be covered under the religious objection bills. Currently, there are 13,000 children in foster care and 2,200 of those have a goal of getting adopted. The state doesn't have a break down of how many children in foster care or awaiting adoption are placed in faith-based foster care settings.



Under current state practice, an adoption or foster care agency can decline the placement of a child in their care for any reason, said Bob Wheaton, spokesman for the Michigan Department of Health and Human Services.

The bills landed on Gov. Snyder's desk on Wednesday after a swift passage in the Senate and concurrence in the House. Every Republican voted for the bills, save for Sen. Tory Rocca, R-Sterling Heights, who joined all of Michigan's Senate Democrats in voting against them.

Democrats also tried to get amendments passed that would, among other things: require faith-based agencies to provide their policies in writing to potential clients, as well as on their websites and displayed in their facilities, and comply with state and federal civil rights laws; prohibit adoption agencies that receive more than $500,000 in state funding from being able to use the religious objection argument; allow for second parent adoptions for unmarried couples. Every amendment failed.

The Michigan Catholic Conference lauded the Governor's quick signature, saying: "It is critically important to solidify the State's long-standing partnership with faith-based child placement agencies operating collectively in the best interest of the state's most vulnerable children."

But Dana Nessel, the attorney for April DeBoer and Jayne Rowse, the same sex couple at the center of Michigan's marriage case before the U.S. Supreme Court, said if the high court rules in favor of legalizing same sex marriage, "It will feel as though our victory may be a little more hollow with this type of legislation."

Even if there is a positive ruling by the Supreme Court, "In Michigan, what's the point of a same sex couple being able to adopt if you can't find any agency to work with you," Nessel added.

The liberal group Progress Michigan, said the swift passage of the bill was simple discrimination sanctioned and paid for by the state.

"Gov. Snyder has a history of siding with extreme corporate donors, but sacrificing the health and well-being of children is a new low — even for him," said Lonnie Scott, executive director of the group. "Children deserve loving homes and our elected officials should be held accountable for supporting this blatant act of discrimination."

Snyder signed another bill Thursday that could have an impact on low-income families by discontinuing cash assistance for families who have a child who is chronically truant from school. Supporters said the bill will encourage families to make sure their kids are in school, but critics said it punishes entire families for the actions of one child in the family.



