Michigan Adoption Agencies Could Soon Turn Away Parents Based on Religious Belief

Woman holding up baby against sunlight
A new law would allow Michigan adoption agencies to turn
away parents based on religious belief.
Image:  Shutterstock
On Thursday, Governor Rick Snyder of Michigan signed a controversial religious objection adoption law that is set to go into effect in 90 days.  The law would allow faith-based private adoption agencies receiving state funding to deny prospective parents the right to adopt if it goes against the organization’s religious beliefs to do so.

In less than a day, the American Civil Liberties Union (ACLU) of Michigan announced it intends to challenge the law in court.

Perhaps not coincidentally, this law was signed just weeks before the US Supreme Court rules on the state’s same sex marriage ban.  The ACLU and others are concerned that the law would impinge on the rights of many couples, including same sex couples, to adopt.

“We are still researching right now to develop what we think our best legal theory is, but certainly we think this is a clear cut case of religious discrimination,” said ACLU staff attorney Brooke Tucker.  “[These organizations are] taking state funds for adoption placement, and once they contract with the state and decide they’re going to perform the public function of adoption placement, they can’t then say, ‘Well, we’re going to accept these people and we’re not going to accept these people on a discriminatory basis.’  They just can’t do that.”

The new law would allow adoption agencies to refuse prospective parents based on religious belief, but they would have to then redirect those individuals to other agencies.

There are 62 adoption agencies in the state, 17 of which have religious affiliations, according to the Michigan Catholic Conference.

In addition to concerns about the organizations’ religious rights, it’s also a problematic situation because, in other states where these organizations aren’t allowed to turn away prospective parents, they often close entirely, which affects the entire state’s ability to help children find homes.                                             

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