ACLU Sues Michigan For Allowing Religious Criteria To Exclude Prospective Foster & Adoptive Parents

On September 20, 2017, the American Civil Liberties Union (ACLU) of Michigan sued the state to challenge its policies allowing contracted faith-based child placement agencies to use religious criteria exclude prospective foster and adoptive parents. The plaintiffs allege that when the Michigan Department of Health and Human Services (MDHHS) contracts with private provider organizations to perform a public function, it cannot allow the private provider organizations to perform actions that would be unconstitutional if performed directly by the state.

The allegations were filed in Dumont v. Lyon. The plaintiffs include two same-sex couples whose applications to adopt were . . .