Dumont v. Lyon
Nationwide, we face a crisis-level shortage of families willing to foster and adopt. But in 2017, the ACLU sued the State of Michigan to shut down its partnerships with faith-based foster and adoption agencies, putting at risk thousands of children who desperately need homes. Becket is representing several foster children, families and St. Vincent Catholic Charities to maintain this vital partnership.
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A Desperate Need
There is a national foster care crisis: more and more vulnerable children are being placed in the foster care system, and there aren’t enough families to care for them. For the nearly 13,000 children in Michigan foster care, nothing is more important than finding a loving, permanent home. Each year, over 600 Michigan children “age out” of the foster system, meaning that at the age of 18 they are on their own, never having found a family to provide stability, love and support. With so many children in need, and a shortage of families willing to take them in, the State of Michigan relies on private agencies like St. Vincent Catholic Charities. Like other agencies, St. Vincent partners with the state to recruit and support foster and adoptive families. St. Vincent is particularly good at finding homes for sibling groups, older children, and children with special needs. In 2017, St. Vincent recruited more new adoptive families than nearly 90 percent of the other agencies in its service area.
ACLU would put children’s needs last
In September 2017, the ACLU sued the State of Michigan to forbid the state from partnering with faith-based adoption agencies like St. Vincent, solely because of their religious beliefs about marriage. St. Vincent’s beliefs have never prevented a child from being placed in a loving home. Gay couples working with other agencies have been able to adopt children in St. Vincent’s care in the past. In fact, the ACLU’s clients live closer to four other foster and adoption agencies that would have helped them adopt. Instead of going to these agencies, they have spent years targeting St. Vincent and trying to shut down their programs.
ACLU’s lawsuit is not about helping kids. It’s about scoring cheap political points at the expense of kids. The only thing that the ACLU’s lawsuit would accomplish is fewer homes for children, especially minority children and those with special needs.
Protecting children and families
In March 2018, the Court granted Becket’s motion to intervene in the lawsuit on behalf of St. Vincent Catholic Charities, Shamber Flore and the Buck family. Becket asked the court to dismiss this unnecessary lawsuit, but in September 2018 the court decided the case should go forward.
On March 22, 2019, the Attorney General Michigan and the ACLU signed a settlement agreement to try to stop the state from working with faith-based adoption agencies, which could keep thousands of children from finding the loving homes they deserve.
Importance to religious liberty
- Individual freedom: The government discriminates against religious groups if it prevents them from providing services simply based on their religious beliefs.
- Public square: Faith-based organizations have the same right as secular organizations to operate in the public square. Religion in the public square is not a threat, but rather a natural expression of a natural human impulse.
- Establishment Clause: A state does not violate the Establishment Clause when it partners with faith-based agencies to further the interests of a state initiative. In this case, private adoption agencies provide critical resources to address a state issue: the shortage of families willing and able to adopt children in the foster care system.