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LANSING, Mich. – Faith-based adoption agencies sued the state of Michigan on Monday, challenging a regulation barring them from refusing to place children in LGBT homes for religious reasons.
The Becket Fund for Religious Liberty filed suit in the US District Court of Western Michigan, on behalf of St. Vincent Catholic Charities, Lansing. According to the complaint, he is one of 90 agencies receiving public funds to help place children from families in difficulty in new families, according to the complaint.
"The state's decision to exclude some high-performing agencies and agencies such as St. Vincent, simply because of their religious beliefs, is causing unnecessary harm to the countless children they currently serve and could serve in the future simply because the Attorney General as St. Vincent believes and believes for more than 75 years, "said Nick Reaves, a lawyer at Becket, based in Washington.
The prosecution also refers to the Attorney General of the Democratic State, Dana Nessel, the Federal Ministry of Health and Social Services and other government officials. Two adopted parents and a former adoptive child who has been adopted are also being prosecuted.
The lawsuit alleges violations of the plaintiffs' first amendment rights and the federal law on the restoration of religious freedom. It was introduced less than a month after the announcement of the legal agreement by Nessel and the American Civil Liberties of Michigan, which sued the state in 2017 on behalf of two lesbian couples who claimed to have been turned away because they were homosexuals. Nessel said that such discrimination is illegal.
Spokesperson Kelly Rossman-McKinney said Monday that Nessel had not yet reviewed the complaint, but it appears that the plaintiffs' lawyers do not understand the settlement agreement.
"By accepting a referral (…), the law does not give an agency the discretion to refuse to provide the child or the person accepted with family placement case management services." "reception or adoption contracted by the state, in conflict with his sincere religious beliefs," she said.
A 2015 law passed by Republicans states that child placement agencies are not required to provide services in conflict with their sincere religious beliefs. But the regulation says the law does not apply if agencies are under contract with the state – a decision contested by those suing.
"The new interpretation of the state is certainly inconsistent with the legislative purpose and wording at the beginning of the law, which specifically speak to the important role that faith-based agencies play in the care of children in need. in Michigan, "said Reaves.
The US government is designated as defendant, he said, because Nessel relies in part on federal regulations to say that the state could not allow religious exemptions from anti-discrimination laws allegedly applicable, and that it was necessary to "clarify" the position of the Trump administration.
In February, Bethany Christian Services, Catholic Charities and St. Vincent were responsible for more than 1,600 of 12,000 adoption and adoption cases in the state, or 12%. Faith-based agencies said they would close their adoption and fostering services rather than violating their religious beliefs.
Melissa Buck, of Holt, near Lansing, said St. Vincent had helped her and her husband, Chad, adopt five special needs children placed in the state's foster care system. – "by preserving them from physical violence, hunger and neglect." She stated that other children "will not have the same chance" if faith-based agencies are forced to close.
Democrats, LGBT defenders and liberal groups applauded the settlement to end a "bigotry policy".
After taking office in January, Democratic Governor Gretchen Whitmer signed a directive banning discrimination against LGBT people by the state government, entrepreneurs and others. It replaced a prescription signed by former Republican Gov. Rick Snyder and, unlike his own, does not provide for exemption for religious organizations.
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