Court Dismisses Parishes’ Lawsuit Against Michigan LGBTQ+ Law; Other Legal Developments

This week, Bondings 2.0 is featuring a series on ways in which some Catholics and their allies are using the U.S. legal system to stop and even rollback LGBTQ+ rights. Wednesday’s post reported on Colorado church leaders’ lawsuit challenging state’s LGBTQ+ non-discrimination protections. On Thursday, we provided news on a Maryland court’s ruling in a discrimination lawsuit between Catholic Relief Services and a gay employee. Today’s post is the conclusion of this series featuring brief updates on other legal developments.

Court Dismisses Parishes’ Lawsuit Against Michigan LGBTQ+ Law

Judge Jane Beckering of the federal U.S. Western District Court dismissed a lawsuit by two Michigan parishes, Sacred Heart of Jesus, Grand Rapids, and St. Joseph’s, in St. John’s, and related families that claimed the state’s Elliott-Larsen Civil Rights Act (ELCRA) was a religious liberty violation. A related lawsuit by Christian Healthcare Centers was also dismissed. According to WLNS, the plaintiffs said the law would not allow them to exclude or dismiss LGBTQ+ employees and others. However:

“The Court held in each case that these entities did not establish standing to maintain their lawsuits where the ELCRA already requires consideration of religious freedoms and there is no imminent threat that the ELCRA will be enforced against them. The Court concluded that the ELCRA does not facially fail ‘to recognize religious freedoms,’ according to a release from Michigan Attorney General Dana Nessel.

“‘I am pleased that Judge Beckering has consistently recognized that the plaintiffs’ cases were unsupported by facts,” Nessel said. “Under Michigan law, religious freedoms are already taken into consideration under the Elliott-Larsen Civil Rights Act when assessing discrimination claims. Our state’s residents can rest assured that Michigan’s recently enacted protections for the LGBTQ+ community will be enforced to the fullest extent as the constitution permits.'”

The lawsuit came after a 2022 finding by the state’s civil rights commission that the ELCRA did include sexual orientation and gender identity as protected classes. The Diocese of Lansing has backed the parishes efforts in the lawsuit. Sacred Heart of Jesus parish, which is represented by the right-wing Alliance Defending Freedom, will now challenge the ruling in the 6th Circuit of the U.S. Court of Appeals.

Catholic Couple Sues State of Massachusetts Over Adoption Policies

Mike and Kitty Burke are suing top officials at Massachusetts government agencies responsible for adoption and foster care citing a religious liberty claim. The Catholic couple says they were denied participation in such programs due to their religious beliefs, particularly their conservative views about sexuality and gender. According to Crux, the Burkes’ application was denied by the Department of Children and Families, and the couple claims the denial was because officials had written “their faith is not supportive” in a report.

While the couple asserts they would accept an LGBTQ+ child, the rightwing group Becket Fund for Religious Liberty, which is representing them in the lawsuit, said the Burkes would not back away from their non-affirming beliefs. Massachusetts state officials have declined to comment.

A similar lawsuit was filed in Oregon by Jessica Bates, a Christian who refused to participate in LGBTQ+ trainings as part of the foster parent process and said she would not allow a transgender child to transition. Bates claims the denial was also a violation of her religious liberty. She is represented by the right-wing Alliance Defending Freedom, reported the Seattle Times.

Court Rules for Catholic Farmer Seeking to Discriminate Against Queer Couples

Judge Paul Maloney of the U.S. Western District Court, Michigan, ruled in favor of Stephen Tennes and his company, Country Mill Farms, in a case dating back to 2016. Tennes, a Catholic represented by the right-wing Alliance Defending Freedom, sued the City of East Lansing because a local farmers’ market said his farm could not sell their goods there, given it discriminated against same-gender couples seeking to rent the farm’s space used for weddings. The farmers’ market relied on the city’s non-discrimination ordinance that includes LGBTQ+ protections. In his ruling, the judge said Tennes was wrongly “forced to choose” between his religious beliefs and “a government benefit for which they were otherwise qualified,” reported OSV News. The city is reviewing an appeal.

A Closing Thought

The stories in this week’s series are only those legal fights that primarily involve Catholics. The reality is there are dozens more lawsuits being filed by anti-LGBTQ+ activists across the U.S. in their effort to stop and even rollback equal rights. Right-wing groups like the Alliance Defending Freedom and Becket have been well-funded and aggressive for years. They now have allies in the U.S. Supreme Court.

The Supreme Court’s ruling in 303 Creative earlier this year blew a wide hole in non-discrimination protections, not only based on sexual and gender identity, buy also possibly on race, disability, or other protected categories. The majority Justices on the Court are primarily Catholics, and they increasingly are allowing people to disregard many kinds of laws if their objections have a religious claim. And before the justices rule, it is often Catholics, bishops and lay people alike, spearheading such anti-LGBTQ+, anti-woman litigation.

In response, pro-LGBTQ+ Catholics must amplify louder the message that, rather than contradicting the faith, LGBTQ+ non-discrimination is a Catholic value rooted in the church’s teachings and tradition. When U.S. courts are hostile to equality, the faithful can remind church leaders that even if they now possess a legal right to discriminate, they should not assert it. Indeed, even if discrimination is legally acceptable, it is always morally wrong.

To learn more about why Catholics can and should support LGBTQ+ non-discrimination, check out one of New Ways Ministry’s latest publications, A Home for All.

Based on a statement endorsed by 750 theologians, church leaders, and key Catholic figures, the brief 60-page book is suitable for pastoral ministers, educators, and Catholics in the pews. It explains why the Catholic faith promotes equality for LGBTQ+ people, despite some church leaders’ opposition. It also includes testimonials, discussion questions, and a list of resources. 

New Ways Ministry offers in-person and Zoom presentations on the ideas presented in A Home for All.  For more information or to request a workshop, send email to [email protected], or call 301-277-5674.

You can find more information about A Home for All and order a copy by clicking here.

—Robert Shine (he/him), New Ways Ministry, September 1, 2023