National
Catholic adoption agency refusing to certify LGBT homes wins in court
Michigan non-profit sued after state required non-discrimination
A federal judge has in ruled in favor of a taxpayer-funded Catholic adoption agency in Michigan refusing to certify LGBT couples as qualified to take children into their homes.
U.S. District Judge Robert Jonker, a George W. Bush appointee, issued a preliminary injunction Thursday in favor of St. Vincent, a faith-based non-profit based in Lansing, Mich., concluding the state is targeting the agency for its religious beliefs.
“This case is not about whether same-sex couples can be great parents,” Jonker writes. “They can. No one in the case contests that. To the contrary, St. Vincent has placed children for adoption with same-sex couples certified by the State. 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.”
The case was filed in April after a settlement was reached in a separate case filed by the American Civil Liberties Union challenging Michigan’s religious freedom adoption law, which allowed faith-based to turn away LGBT families seeking to adopt. Under the settlement, Michigan adoption agencies going forward were prohibited from discriminating against LGBT couples.
Shortly afterward, the Michigan Department of Health & Human Services opened an investigation into St. Vincent under allegations wasn’t complying with the settlement’s non-discrimination terms. Anticipating it would be found out of compliance, St. Vincent preemptively filed the lawsuit seeking an injunction to continue to certify families for child placement consistent with its religious beliefs.
St. Vincent made the case Michigan is violating freedom of religion and speech under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment by threatening to penalize the agency for refusing to certify LGBT families.
Jonker grants his preliminary injunction to St. Vincent on the basis that the agency has demonstrated harm imposed by the settlement and the likelihood of success in court.
“St. Vincent says it cannot in good conscience review and certify an unmarried or same-sex parental application,” Jonker writes. “St. Vincent would either have to recommend denial of all such applications, no matter how much value they could provide to foster and adoptive children; or St. Vincent would have to subordinate its religious beliefs to the state-mandated orthodoxy, even though the state is not compensating them for the review services anyway.”
Making the case St. Vincent isn’t anti-LGBT, Jonker writes St. Vincent’s “does not prevent any couples, same-sex or otherwise, from fostering or adopting.” The agency, Jonker writes, refers LGBT and unmarried couples seeking certify to adopt to other agencies willing to provide that endorsement.
LGBT couples, Jonker writes, can also adopt children at St. Vincent through the Michigan Adoption Resource Exchange (MARE) website, which allows all Michigan families access to all children adoption agencies (so long as they obtained certification at an agency other than St. Vincent).
“St. Vincent has never prevented a same-sex couple from fostering or adopting a child. St. Vincent has actually placed children through the MARE system with same-sex adoptive parents,” Jonker writes. “And St. Vincent provides parenting support groups at which same-sex parents are welcome and, in fact, attend. This is non-discriminatory conduct consistent with everything the State says it is trying to promote.”
Heavily cited by Jonker is the decision of Michigan Attorney General Dana Nessel, a lesbian, to no longer defend in litigation the state’s religious freedom adoption signed ged by former Michigan Gov. Rick Snyder.
As the law was being challenged in court during the 2018 election, Nessel campaigned on refusing to defend the law, asserting she “could not justify using the state’s money” to defend “a law whose only purpose is discriminatory animus.” Upon winning the election, Nessel helped reached the settlement for non-discrimination in Michigan adoption agencies.
Jonker writes the record demonstrates Nessel is targeting St. Vincent’s for its religious beliefs, therefore strict scrutiny applies, to the state’s enforcement of the settlement.
“Under the Attorney General’s current interpretation of Michigan law and the parties’ contracts, St. Vincent must choose between its traditional religious belief, and the privilege of continuing to place children with foster and adoptive parents of all types,” Jonker writes.
The Washington Blade has placed a request in with the Michigan attorney general’s office seeking comment on the decision.
Representing St. Vincent’s in the case was the Becket for Religious Liberty, which has defended groups like Hobby Lobby and Little Sisters of the Poor.
Lori Windham, a religious liberty attorney with Becket, hailed the decision on Twitter as a “major victory for faith-based foster care and adoption in Michigan.”
“Thanks to the ruling, St. Vincent will be able to continue serving foster children in Michigan and their selfless foster families,” Windham tweeted. “More than 13,000 foster kids in Michigan need help, and we need all hands on deck.”
Jay Kaplan, LGBT Project staff attorney of the American Civil Liberties Union of Michigan, criticized the decision as “the individual religious beliefs of foster care agencies ahead of the welfare of children.”
“This will not facilitate foster and adoptive placements for children in need,” Kaplan said. “Instead, it will allow agencies to turn away same-sex foster parents who are able to provide supportive and loving homes for these children.”
Although the ruling is focused on family certification at St. Vincent, Kaplan told the Blade the decision will have broader impact on LGBT people in Michigan.
“The reality is…St. Vincent will place kids in homes of families that they work with and if they have refused to work with same-sex couples, that means the kids that they are placing will not be placed in LGBT homes,” Kaplan said. “I think this ruling could be broadly interpreted because its impact on kids and their ability to get placed with LGBT parents who are able to provide them with stable, loving homes.”
Another defendant in the case is the Department of Health & Human Services, which has under the Obama administration instituted regulations prohibiting federal contractors discriminating on the basis of sexual orientation. (The Trump administration has kept the regulations — for now — but has granted at least one waiver to states seeking exemption for faith-based adoption agencies.)
Jonker’s decision also enjoins the U.S. government from enforcing its regulations to penalize St. Vincent. A Justice Department spokesperson said the administration is “reviewing the decision.”
Also in the decision, Jonker finds other named plaintiffs in the case — Chad and Melissa Buck, who have adopted four siblings through St. Vincent and work at the agency, and Shamber Flore — who was placed in the agency as a child before she was adopted — don’t have standing to continue in the case.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
The White House
White House debuts action plan targeting pollutants in drinking water
Same-sex couples face higher risk from environmental hazards
Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.
The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.
In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”
“This Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”
Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.
“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nation’s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”
The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.
An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.
During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.
New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.
The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”
“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.
With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.
Maine
Maine governor signs transgender, abortion sanctuary bill into law
Bomb threats made against lawmakers before measure’s passage
BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.
With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok.
An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.
The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters.
It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.
You can see the findings section of the bill here:
The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:
The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to the U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states … opening the door to criminalizing women’s private reproductive health care choices.”
The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.
Seattle Children’s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Children’s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.
The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.
When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.
Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.
See a few of the extensive health insurance and malpractice provisions here:
Speaking about the bill, Gia Drew, executive director of Equality Maine, said in a statement, “We are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldn’t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.”
Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our states’ rights and our citizens’ freedoms.”
The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.
Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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