LANSING, Mich. (April 22, 2021) — Today, Sens. Jeremy Moss (D-Southfield), Curtis Hertel Jr. (D-East Lansing), Jeff Irwin (D-Ann Arbor), and Dayna Polehanki (D-Livonia) reintroduced legislation to end the discrimination in adoption law against LGBTQ couples and other prospective parents in Michigan.

Senate Bills 384-386 would remove barriers that prevent same-sex couples and other impacted minorities from access to services from state-funded adoption agencies and SB 387 would expand adoption rights to loving couples in Michigan.

“We have too many vulnerable Michigan children waiting to find loving homes. It’s irresponsible that state law sanctions the discrimination that would deny certain Michigan couples the right to participate in parenthood,” Sen. Moss said. “LGBTQ couples should not face additional hurdles or confusion about the process to raise a family in their community — and the state certainly should not be funding that discrimination.”

In 2015, the Legislature passed legislation to allow faith-based adoption agencies to accept state funding even as they to turn away single adults, same-sex couples, or couples who follow a different religion from utilizing their services.

“Kids need families who will love and care for them — plain and simple,” Sen. Hertel said. “Discriminatory practices are barriers that prevent them from living happy, fulfilling lives with families who are willing to give them the love and care they deserve.”

Attorney General Dana Nessel reached a court settlement in 2019 to ban state-contracted agencies from prohibiting adoptions to LGBTQ families. Following the settlement, Bethany Christian Services — an evangelical foster care and adoption agency based in Michigan — announced it would allow LGBTQ parents to adopt children across the U.S. These bills seek to repeal the problematic religious exemption that remains in state law.

“Family structure has changed dramatically over the last several decades, and our state law should reflect that,” Sen. Irwin said. “Michigan’s second-parent adoption ban unfairly discriminates against a specific group of people — unmarried couples and their children — and leaves these kids and their families in legal limbo. Whether it’s custody, financial support, hospital visitations, or school decisions, we’re talking about doing the right thing for children who deserve certainty that someone who loves them can be their best advocate throughout childhood.”

If passed, the introduced legislation would:

  • Ensure that child placement agencies cannot discriminate against same-sex couples and others based on religious beliefs (Senate Bill 384, Moss).
  • Allow state and local governments to hold adoption agencies accountable if they engage in discriminatory practices (Senate Bill 385, Polehanki, and Senate Bill 386, Hertel).
  • Allow a parent to adopt their partner’s biological or adoptive child (Senate Bill 387, Irwin).

“The current law does nothing to serve these children’s best interests,” Sen. Polehanki said. “As a result, too many of them still don’t know the feeling of love and support that a family can bring simply because the agency they were placed with could not see beyond a discriminatory vision. Every child deserves a loving home, and this legislation aims to provide that for them.”

Identical bills were introduced in the Michigan House of Representatives by Reps. Tim Sneller (D-Burton), Julie Brixie (D-Meridian Township), Julie Rogers (D-Kalamazoo), and Mary Cavanagh (D-Redford Township).

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