Religious Law

New Michigan law allows adoption agencies to refuse service based on religious objections

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A Michigan bill signed by the governor on Thursday allows private adoption agencies with state contracts to refuse to place children with families based on sincerely held religious beliefs.

The law’s backers say the bill will ensure that faith-based adoption agencies remain open so that as many children as possible can be adopted, report the Detroit Free Press and the Associated Press. The American Civil Liberties Union, on the other hand, is considering a legal challenge.

“The Constitution doesn’t allow discrimination based on religion and you can’t do that with state funds,” ACLU lawyer Brooke Tucker told the Detroit Free Press. “We’re looking at our legal options and especially looking to hear from people who will be adversely affected by this.”

The law (PDF) requires agencies that refuse to provide services because of religious objections to refer the applicant to another child placement agency willing to provide service or to a website listing such agencies.

The only other states that have religious exemption laws explicitly allowing adoption agencies to opt out of serving prospective parents are Virginia and North Dakota, according to the Associated Press.

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