Catholic Charities Loses Same-Sex Couple Adoption Fight In Illinois

By Kevin Eckstrom
c. 2011 Religion News Service

(RNS) An Illinois judge has ruled that the state can terminate adoption and foster care services with Catholic Charities, saying the church-run agency has no "recognized legal right" to a state contract.

Circuit Judge John Schmidt ruled Thursday (Aug. 18) that state officials can cancel contracts with Catholic Charities after church officials said they could not comply with a new civil unions law that could require them to place children with same-sex couples.

"No citizen has a recognized legal right to a contract with the government," Schmidt ruled, lifting a July 12 temporary injunction that maintained the annual contracts dating back 30 years.

Schmidt said the church had failed to show a "recognized property right" entitling them to maintain the contracts.

The state moved to end the year-to-year contracts after four Illinois dioceses said they would not place children in homes with two unmarried adults. Church attorneys claimed a religious exemption from state anti-discrimination laws.

"Clearly the intent of the civil union law was not to force the state to end these contracts and force the transfer of thousands of children's cases," said Bishop Daniel Jenky of Peoria, saying he was "extremely disappointed" by the ruling.

The Chicago-based Thomas More Society, which represents the four dioceses, said attorneys "are reviewing the ruling and considering next actions."

A spokeswoman for state Attorney General Lisa Madigan told the Chicago Tribune that Schmidt's decision "will allow the state to continue focusing on what's best for the care and well-being of children."

Comments

[crnlrobert]

02:51 AM on 08/30/2011

Since there is a lot of Catholic-bashing going on--and I'm not saying that I necessarily disagree with some of you--I would like to EMPHASIZE that denying gay couples the right to adopt is not just a Catholic doctrine. Many think of Sweden, and the other Scandinavian nation states, as "model states" to follow for their "egalitarian" and "liberal" way of life. The fact of the matter is, these "liberal" social "democratic" nation states, "thanks" to a deeply ingrained feminist perspective and philosophy in their politics and culture, do not allow gays and lesbians to marry, nor do they allow gays and lesbians to legally adopt children. There is, however, gay and lesbian civil unions in Scandinavia, albeit these civil unions are by no means "egalitarian" to heterosexual marriage on just the subject of child adoption alone, amongst other issues. So, what I am saying is, though this story concerns Catholic Charities, a conservative charity organization, keep in mind that "liberals" are not always so liberal when it comes to child adoptions either.

[GrimSqueaker]

06:24 PM on 09/11/2011

A quick point concerning Scandinavia, Denmark in particular, I will try to keep the quotes to a "minimum".

While it is strictly true that homosexuals are not allowed to marry in Denmark, the Law of Registered Partnerships from 1989 grants all the rights associated with marriage.

It is also possible for homosexual couples to receive a church blessing as it is up to the individual priest whether or not he, or she, wishes to perform such a ceremony.

Since 2009 homosexual couples have been allowed to adopt children on equal terms with heterosexual couples, however this is usually only possible with "native" children because "donor countries" won't allow this practice.

Adoption has been legal in Sweden since 2007 and Norway since 2008. Both of these countries offer the exact same ceremonies, in the church, to both homosexual and heterosexual couples.

I hope this clears up some of your misconceptions, if you have any questions don't hesitate to ask.

[bobcatt53]

07:07 PM on 08/23/2011

I am a gay man and a christian. I am God's precious child, and I know that He loves me more
than I will ever know. Moreover, I haven't learned this from going to church. I know this to be
true because of my personal relationship with the Lord Jesus Christ. I also know that God has
indeed blessed the committed relationship I have had with my partner for 13 years now. I am
assured of my salvation through the blood of the Lamb. I will not let anyone rob me of my joy or
peace in the Lord. These hateful individuals who call themselves christian will not shake my
committment to the Lord. It pains me when I hear of the absolute hatred spewed against LGBT
people. I believe that the Holy Spirit is grieved by this. I consider myself most fortunate that
I have not internalized the self-loathing crap about LGBT people that many christians espouse.
I will continue to speak out against injustice against my brothers and sisters, especailly the
youth who must believe that they are God's precious children and that He loves them so much.
I hope and pray that LBGT persons who feel led to become adoptive or foster parents will in
fact be able to do so throughout this great land of ours.

[Sammie55]

09:22 AM on 08/24/2011

you are most certainly God's precious child... don't ever forget that.

[englishman545]

02:10 PM on 08/23/2011

How about Islam???

If you're going to go after a religious organization for their rules and their laws why not go after Islam??

Complain about Islam and see what responses you get. Try to adopt a Muslim child.

Oh they may stone you to death, or wearing a bomb vest run into one of your meetings.

At least the Catholic, Episcopalian , Presbyterian, non denominational, Jewish, and Jehovahs Witness to not resort to violence.

Play it safe only go after the organizations that do not strike back at you with violence.

[rsieam]

01:46 PM on 08/27/2011

no one is "going after" anyone. the court merely stated that if catholic charities wasnt going to follow the laws of the State of Illinois then they had no right to a contract to recieve money from the State.
If muslim charities wont follow states' laws in the care and placement of foster children, then they can't have state taxpayer money either.

both of these charities can still function, just without state largess.

As for which religious groups have been asociated with violence, have you every heard of the Inquisition, Hundred years war, the IRA, Klu Klux Klan, olympic park bombing, oklahoma bombing etc. And Dr Tiller was in church when he was gunned down by a christian. and wasnt that Norwegian a christian.

All have sinned and come short of the glory of God. judge not lest ye be judged

[englishman545]

04:16 PM on 08/27/2011

POINT TOTALLY MISSED..................

[Billy Fritts]

01:03 PM on 08/23/2011

It would be better if same sex couples could not adopt children--They will turn them in to gays and homosexuals like they are --It is a sin against God to be in that life style--You will find it all through the bible that its a sin--It is a choice they accept to rebell against there maker God--

[Sammie55]

02:08 PM on 08/23/2011

You need to get help, Billy..

[see-ellen2001]

09:51 AM on 08/26/2011

Billy: but by that 'nurture' theory all kids raised by heterosexuals should be straight but not all are.

[Sammie55]

11:37 AM on 08/23/2011

The church is welcomed to feel however they desire about same sex couples adopting.. they are even welcomed to NOT adopt to same sex couples.

But they cannot accept tax EXEMPTIONS as well as STATE CONTRACTS to support their nonsense.

It's not rocket science...

[been2there]

03:07 AM on 08/23/2011

Catholic Charities Loses Same-Sex Couple Adoption Fight In Illinois .
Good. The children will be much better served.

[NWBrunette]

01:02 AM on 08/23/2011

Good. The catholics can go practice their big.otry and hat.efulness in private.

[LiberalMormon]

03:40 PM on 08/22/2011

I would like to know a bit more about the state contract. If IL is saying we will not use Catholic adoption agencies for state services if they don't recognize our laws, that is one thing (and Catholic adoption services probably need to suck it up and move on). If they are saying Catholic adoption agencies will not be allowed to place children with adoptive families (at all) if they do not abandon their doctrinal requirements regarding marriage, that could be more problematic.

[Cunningham]

07:56 PM on 08/22/2011

Here's another article which might be useful:

"State officials did not renew the contracts this year, after Catholic Charities said its religious principles do not allow it to place foster and adoptive children in the homes of unmarried couples, including those in civil unions."

http://www.rrstar.com/updates/x386667100/Illinois-judge-rules-against-Catholics-on-foster-care

[shylove2]

03:31 PM on 08/22/2011

Same should apply to abortion and birth control services... they have a right on their own but not when forcing there veiws on others with public support.. goes for all faith based publiclly supported services..whatever the faith.. and they should declare their religious affiliation to all if they have one...

[Wittgenstein]

02:04 PM on 08/22/2011

Good news! The state should never sanction bigotry, even when it hides behind religious superstition.

[Phlan]

12:04 PM on 08/22/2011

♂+♀=♥ ♂+♂=♥ ♀+♀=♥

[catsanon]

12:22 PM on 08/22/2011

♥ !!!

[Cunningham]

07:57 PM on 08/22/2011

♥♀ : )

[ez duz it]

06:14 PM on 08/22/2011

spam

[dmessy]

12:11 AM on 08/22/2011

It is impossible for a state to implement two standards -- but it is should not really be a big deal to simply license different organizations to have adoption services. If the church provides such services and the parent(s) of the child decide they want their children placed in a heterosexual home they should have that right to have an adoption agency that supports their preferences. Frankly, I don't think many parents will really care anyhow. But the church should stand by its foundations and not change it point of view.

[Cunningham]

08:04 PM on 08/22/2011

"the church should stand by its foundation­s and not change it point of view."

Absolutely. And the State should stand on it's laws.

The church is s.o.l.

[dmessy]

12:05 AM on 08/22/2011

"No citizen has a recognized legal right to a contract with the government."

And the Government has no recognized legal right to a contract with individuals for health care...

[aaronaaaa]

11:45 PM on 08/21/2011

We were warned this was coming! When the state condones and promotes sin, its inevitable for it to loose its soul.

[jbrantow]

01:30 AM on 08/22/2011

The actual "sin" is your bigotry wrapped up in a bible.

[lwolfmccall]

09:45 AM on 08/22/2011

Wow! ,Can we not respect others views without the unpleasant
remarks.So he lives his/her life by Gods word.Sounds like they
hit a nerve.So instead of harsh remarks .tell them why you
feel the way you do.I will respect your views and remarks,I bet
others would too.God Bless

[NWBrunette]

01:04 AM on 08/23/2011

Helping a child find a loving home is a 'sin'? Wow, you are truly whac.ked.