Six Consequences the Coalition [in Support of Proposition 8] Has Identified if Proposition 8 Fails – Third Consequence
3. Religious adoption agencies will be challenged by government agencies to give up their long-held right to place children in homes with a mother and father. Catholic Charities in Boston already closed its doors in Massachusetts because courts legalized same-sex marriage there.
Thurston/Response: Another misrepresentation. To begin with, it should be noted that Catholic Charities in Boston was not forced to close its doors – indeed it is still very active. (See its website at www.ccab.org.) Rather, Catholic Charities voluntarily ceased providing adoption service in Massachusetts. According to the Boston Globe, Catholic Charities elected to close its doors in protest over the legalization of gay marriage in Massachusetts and because it was reluctant to undertake a lawsuit that might be lost.
LDS Family Services still operates in Massachusetts as it does in California. There are several differences between LDSFS and Catholic Charities. LDSFS does not take federal or state funds; Catholic Charities does. LDSFS facilitates only voluntary adoptions and permits the birth mother to approve the adoptive parents. Catholic Charities handled non-voluntary adoptions (where the state seizes the children) and normally did not accommodate birth mother approval. Catholic Charities had contracts with the state and was, in effect, acting as an agent of the state. LDSFS does not. To date, LDS Family Services has never been forced to place any children with a gay couple, and has never been sued fro not doing so.
If this situation ever faces a legal challenge in California, it will not matter whether Proposition 8 passes because California already has on its books (and has for several years) laws granting domestic partners (homosexual and heterosexual) the same civil rights as married couples. This is a point many people seem not to understand. Here is the language of just one California statute: “Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses.”
Therefore the passage or failure of Proposition 8 will have no effect on the placement of orphans with gay couples in California.