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Catholic adoption agency refusing to certify LGBT homes wins in court

Michigan non-profit sued after state required non-discrimination

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David Bright, Startwaune Anderson, conversion therapy, gay news, Washington Blade
A federal judge has ruled a Catholic adoption agency can refuse to certify LGBT homes.

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.

H/t Equality Case Files

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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