Judge Upholds Right of Faith-Based Adoption Agencies to Adhere to Marriage and Family Beliefs

Shawnee Wilson plays with her son, Kingston, in Indianapolis, on Tuesday, Aug. 8, 2017. (D
Darron Cummings/AP
Dr. Susan Berry

A federal judge ruled Thursday that faith-based adoption agencies in Michigan, even those that contract with the state, have the right to their beliefs about marriage and family when they place children in homes.

In a victory for religious liberty, Judge Robert Jonker, a George W. Bush appointee, ruled against Michigan Attorney General Dana Nessel, a Democrat who is the state’s first openly gay individual to hold statewide office, and the American Civil Liberties Union (ACLU) in their lawsuit against St. Vincent Catholic Charities.

In April, the Becket Fund for Religious Liberty sued on behalf of St. Vincent’s and co-plaintiffs Chad and Melissa Buck – who adopted five children through the agency.

Becket observed that, in 2017, Nessel signed an agreement with the ACLU, which was representing two lesbian couples, that reversed a 2015 Michigan law that allows faith-based adoption agencies to place children in homes in accordance with their beliefs about marriage and family, even if they receive taxpayer funding through state contracts. The agreement was an attempt to eliminate the state’s partnerships with faith-based adoption agencies because placing children with same-sex couples was not in keeping with their beliefs about marriage and family.

“This case is not about whether same-sex couples can be great parents,” Jonker wrote in his opinion and added:

What this case is about is whether St. Vincent may continue to do this work and still profess and promote the traditional Catholic belief that marriage as ordained by God is for one man and one woman. In 2015, Michigan’s state legislature passed a law designed to ensure it could do just that. And when the State was first sued on the issue, the State defended the right of St. Vincent to maintain its religious belief while it placed children on a non-discriminatory basis in any home approved by the State.

The judge pointed out, however, that, in 2018, while Nessel was a candidate for Michigan attorney general, she said she would not defend the law, if elected, because it was discriminatory and referred to its proponents as “hate-mongers.”

According to Jonker, under Nessel’s “current interpretation of Michigan law … the state’s real goal is not to promote non-discriminatory child placements, but to stamp out St. Vincent’s religious belief and replace it with the state’s own.”

“It would also flout the letter and stated intention of the Michigan Legislature in 2015,” the judge said. “It would replace this with a state-orthodoxy test that prevents Catholic believers from participating.”

Lori Windham, Becket Fund attorney, applauded the ruling as a “major victory.”

“[The] judge was very clear this is NOT about whether same-sex couples can adopt — it is about making sure there are more homes for families, and whether the state can penalize a group for their beliefs,” she said, reported Fox News.

The ACLU reacted to Jonker’s decision on Twitter by citing a Washington Post story about the ruling and stating, “We aren’t backing down.”

“There should be no license to discriminate with taxpayer dollars,” the group added.

However, Andrea Picciotti-Bayer, legal advisor for The Catholic Association Foundation, said in a statement:

Michigan’s Attorney General Dana Nessel and the ACLU thought they could hatch a backdoor agreement to force ideological conformity in the state’s foster care and adoption program and nothing could stop them – not state law, existing contracts or long-established practices. A federal judge has stepped in to stop their backroom deal and affirm the rule of law. Both state and federal law protect faith-based agencies like St. Vincent Catholic Charities to find loving homes for needy kids without having to abandon their religious teachings on the family.

Parent Melissa Buck, who was recognized with her husband Chad by President Donald Trump during the National Prayer Breakfast this year, said in a statement, “St. Vincent brought our family together, and I’m happy to know they can keep doing their great work helping children find homes.”

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