Don't be fooled by this story. I am sure that Maggie Gallagher and Brian Brown are salivating with glee at the thought of exploiting this story to harm marriage equality. But still, it is a victory against unfair "religious exemptions:"
From The Advocate:
And from Windy City Times comes more details:
From The Advocate:
The state of Illinois is within its rights to decline to renew contracts with Catholic Charities for adoption and foster-care services, a judge ruled today.
The state had ended its contracts this summer with four Catholic Charities agencies that refused to consider couples in civil unions, including gay couples, as adoptive or foster parents, but instead wanted to refer them to other agencies. Civil unions became available in Illinois June 1.
Sangamon County circuit judge John Schmidt, who heard arguments from both the state and Catholic Charities Wednesday, ruled today that the state did not violate the rights of the Catholic Charities agencies by ending the contracts, Windy City Times reports.
And from Windy City Times comes more details:
The issue arose with the passage of the Illinois Religious Freedom Protection and Civil Union Act, which conferred the same legal rights to same-sex couples in civil unions as married couples and went into effect June 1.
Brejcha said that language in the civil union act allowed the charities to send civil union couples and unmarried people to other foster care agencies. He further argued that the state had ended its 40-year relationship with the charities without warning or reason.
However, attorneys for the state argued that the charities had no right to contracts in the first place, and that it would be illegal for the state to offer contracts that violated civil union law.
"The state has the freedom to set the limits of its contracts," said Deborah Barnes, an attorney with the Office of the Attorney General. "It wasn't arbitrary and capricious, the ending of this 40-year relationship… the legal landscape has changed."
Also arguing against the charities was the American Civil Liberties Union ( ACLU ) , which was granted the right to intervene in the suit on behalf of a lesbian and children who are wards of the state.
Karen Sheley, a lawyer with the ACLU said that a refusal to place children with same-sex civil union partners would harm LGBT children in foster care and discourage LGBT couples from becoming foster parents.
"When they send [ a case ] to another agency, it doesn't solve the problem," she said. "It's still discrimination."
However, Schmidt said that arguments about discrimination from both sides would not impact his decision.
He repeatedly discouraged arguments related to LGBT and religious rights and urged for focus on property rights.
"Do you or do you not have a legally protected property interest?" Schmidt asked.
Brejcha said that licenses from the state which allowed the charities to carry out foster care work were a property interest. Attorneys for the state said that such licenses do not guarantee contracts and that the charities were not being forced to participate now that the law has changed.