ILLINOIS: Judge Reinstates Adoption Contract With Catholic Charities

An Illinois judge has temporarily reinstated Catholic Charities as a state-funded adoption agency. This move comes one day after Illinois announced it was severing Catholic Charities' contract because it was apparent that the group would not abide by the new civil unions law.

Judge John Schmidt said the abrupt termination of the contracts could affect foster kids' well-being despite the state's assurances that about 2,000 foster children in Catholic Charities-supported homes would not be affected. He set a hearing on the matter Aug. 17. "We need to work together in these things, not to have this absolute bulwark, walls of separation between us," Catholic Charities lawyer Thomas Brejcha of Chicago said after the hearing. "All these kids need a good chance." The suit argues that the state can only enforce its dicta if there is a "compelling government interest" and it's the "least restrictive" means of achieving it. A far less restrictive method would be allowing Catholic Charities to continue referring gay couples to other agencies who handle adoptions and foster placements, its lawyers said.

IL Severs Ties With Catholic Charities

The state of Illinois has severed its relationship with Catholic Charities, ending all involvement and financial support for its adoption and foster programs.

Though four Catholic Charities agencies had already stopped licensing new foster parents, three of them will seek an injunction from a Sangamon County judge on Tuesday to continue serving families and abiding by Catholic principles that prohibit placing children with unmarried cohabiting couples. “We’re not sure what the state is intending to do or how it’s intending to do it,” said Peter Breen, an attorney with the Thomas More Society representing Catholic Charities. “It’s a surprise. But it’s also very disturbing. The impact on the [nearly 2,000] children in Catholic Charities care will be catastrophic.”

In letters sent last week to Catholic Charities in the dioceses of Peoria, Joliet and Springfield and Catholic Social Services of Southern Illinois, the Illinois Department of Children and Family Services said the state could not accept their signed contracts for the 2012 fiscal year. Each letter said funding was declined because “your agency has made it clear that it does not intend to comply with the Illinois Religious Freedom Protection and Civil Union Act,” which the state says requires prospective parents in civil unions to be treated the same as married couples.

In other states, Catholic Charities has chosen to go out of the adoption business rather than comply with laws regarding gay couples.