Eden Rogers and Brandy Welch were turned away by a government-funded foster care agency for failing to meet the agency’s religious criteria which exclude prospective foster parents who are not evangelical Protestant Christian or who are same-sex couples of any faith.

A state-contracted, taxpayer-funded child placing agency sued the State of Michigan claiming a constitutional right to discriminate against prospective foster and adoptive families headed by same-sex couples in violation of State contracts. The ACLU, representing prospective adoptive parents Kristy and Dana Dumont, is seeking to intervene in this lawsuit in support of the State.

A second state-contracted, taxpayer-funded child placing agency sued the State of Michigan claiming a constitutional right to discriminate against prospective foster and adoptive families headed by same-sex couples in violation of State contracts. The ACLU, representing prospective adoptive parents Kristy and Dana Dumont, is seeking to intervene in this lawsuit in support of the State.

Attorneys for the ACLU and ACLU of Michigan filed a lawsuit in U.S. District Court to challenge the state’s practice of permitting state-funded child placement agencies to use religious criteria to turn away lesbian and gay prospective foster and adoptive parents. The legislature passed a law in 2015 with the purpose of codifying that practice.

On November 4, the Supreme Court heard a case that could allow private agencies that receive taxpayer-funding to provide government services — such as foster care providers, food banks, homeless shelters, and more — to deny services to people who are LGBTQ, Jewish, Muslim, or Mormon.