Michigan settles lawsuit with St. Vincent Catholic Charities over same-sex adoptions

Citing a U.S. Supreme Court decision in favor of a Philadelphia Catholic foster care agency, Michigan child welfare officials announced Tuesday they will return to contracting with agencies that do not work with same-sex couples.

"While this outcome is not what we hoped for, we are committed to providing support to the many members in the LGBTQ+ community who want to open their hearts and their homes," said Demetrius Starling, executive director of the state Children's Services Agency. "We are so appreciative of all families that step up to help these children – no matter their orientation or gender identity and expression."

The Michigan Department of Health and Human Services settled a lawsuit on Tuesday with Lansing-based St. Vincent Catholic Charities, which sued in 2019 after the state announced it would stop working with agencies that refuse to work with same-sex couples or LGBTQ individuals.

St. Vincent is one of 76 agencies contracted to place children into foster and adoptive homes, Michigan Department of Health and Human Services spokesman Bob Wheaton said.

"We are relieved and overjoyed to know that St. Vincent can finally get back to placing vulnerable children with families like ours without the threat of closure," said Melissa Buck, who sued the state alongside St. Vincent and her husband Chad. "My husband and I are the proud parents of five beautiful, special needs children all adopted through St. Vincent. We look forward to continuing to work with St. Vincent to serve kids." 

According to the settlement agreement, the state will not take action against St. Vincent's child-placing agency license because the agency does not work with same-sex or unmarried couples. The department also will pay the agency $550,000 in attorney fees and court costs.

The state says the June Supreme Court decision prevents it from following its previous non-discrimination policy, which it had set after settling a lawsuit with a same-sex couple from the Lansing area who said they had been turned away by religious adoption agencies. In that settlement, the state agreed to end contracts with agencies that discriminate against people based on their sexual or gender orientation.

But in June, Chief Justice John Roberts determined Philadelphia was violating the First Amendment by refusing to work with the Catholic agency because the agency did not work with same-sex couples.

The Catholic group sought "only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else," Roberts wrote.

As a Catholic agency, St. Vincent "can't endorse same-sex or unmarried couples but will provide them with information on agencies who can," said Ryan Colby, a spokesman for The Becket Fund for Religious Liberty, which represented St. Vincent. "A same-sex couple can even adopt a child in St. Vincent's care if they have their home study completed by a different agency."

St. Vincent will work with children regardless of their sexual orientation or gender identity, he said. 

The state plans to announce a new effort to support LGBTQ people who want to become foster and adoptive parents, the department said in its Tuesday release about the settlement agreement.

"I applaud MDHHS’s commitment to supporting LGBTQ+ families and our state’s most vulnerable children," Attorney General Dana Nessel said. "All children deserve the best opportunity possible to be placed with a loving and nurturing forever family, and it remains my honor to represent an agency with those enduring values."

The Michigan Catholic Conference praised the settlement agreement. 

"The settlement agreement announced today provides affirmation that society, families and children are well served by dedicated and highly competent religious organizations and individuals that provide services to the general public, especially vulnerable persons and those who are suffering," said David Maluchnik, Michigan Catholic Conference vice president for communications. "We believe this agreement advances the common good, benefits Michigan's vulnerable children, and upholds the constitutional right to religious liberty that is a cornerstone of our state and nation."

ckthompson@detroitnews.com