Court Allows Challenge to Michigan Anti-LGBTQ Adoption Laws

A federal judge in Michigan ruled that a lawsuit challenging the power of religious affiliated adoption agencies can proceed.

Recently, a federal judge in Michigan ruled that a lawsuit challenging the power of religious affiliated adoption agencies can proceed. The ACLU is attempting to bar state-contracted child placement agencies from discriminating against same-sex couples. While it remains uncertain how this case will be resolved, it has the potential to significantly affect Michigan’s laws, which could either restrict or enhance the rights of LGBTQ couples to adopt.

How the Case Arose

Two same-sex couples have initiated legal action against the state of Michigan challenging the state’s policy that allows religious adoption agencies to refuse service to same-sex couples. Both of these couples were denied services by these agencies. While the state argues that Michigan’s policy allows discrimination, the state of Michigan and the involved adoption agency initially argued that the case should be dismissed. Now that the lawsuit is allowed to continue, however, it is important to understand each side’s perspective.

The Court’s Opinion

In the court’s opinion, a Federal District judge found that the couples had made a strong case that the government is improperly interfering with supporting the anti-LGBTQ views of religiously-affiliated adoption agencies. The lawsuit specifically addresses the problem that the state of Michigan assigned a public function to religious organizations and is now allowing these entities to exercise religious opinions to perform public functions in violation of the Establishment Clause. Additionally, the couple argues that the agency’s selective criteria greatly decreases the likelihood that children in search of a good adoptive home will find one.

The Future of the Case

The judge’s recent decision is not the end to the case, and it remains uncertain exactly how matters will proceed. To prevail in the future legal battle, the adoption agency and the state of Michigan will be required to successfully defend knowingly allowing religious agencies to perform a public function that discriminates against some individuals in the state. The ruling that is ultimately made in this case will likely have a significant impact on other adoption agencies in the state.

Similar Pending Cases

A case similar to this one is currently being in heard in Pennsylvania. In this case, the city of Philadelphia discontinued its relationship with two religious agencies because they refused to provide services to same-sex couples. As a result, the adoption agency sued Philadelphia claiming religious freedom. A judge, however, ruled in favor of the city. The adoption agency sought review of the matter to the United States Supreme Court, which subsequently declined to hear the case.

Tracking the Development of LGBTQ Rights

While LGBTQ individuals gained significant rights in 2015 when the Supreme Court acknowledged the ability of same sex couples to marry, there have been numerous challenges in the years since that have restricted the rights of LGBTQ individuals. Each week, the Universal Life Church’s blog focuses on the most noticeable developments in LGBTQ rights.

(image courtesy of Michal Janek)