The stories carry headlines like these: “Activist: Bills would let Michigan adoption agencies discriminate” and “Michigan House bill would allow faith-based agencies to avoid adoptions on religious grounds.” In truth, the bills (HB 5763 and HB 5764) would simply–but importantly–confirm in positive law that in Michigan a faith-based adoption or foster care agency “is not required to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the . . . agency’s written religious or moral convictions or policies.” Moreover, state officials would be forbidden in the future to penalize faith-based agencies for operating on the basis of their faith convictions by stripping them of grants or contracts.

Does that amount to promoting discrimination in adoptions? Currently in Michigan it is not illegal for agencies to consider religion, sexual orientation, or marital status when making placement decisions. The proposed changes to the regulations for child-placing agencies only would put that negative freedom into positive terms.

And the changes would not prohibit other agencies from acting on different convictions. As Bill Blacquire, CEO of Bethany Christian Services testified, “The bills keep Michigan adoption laws the same as they are today, there’s not [a] change, they do not prohibit anyone from adopting.” A state official confirmed that the proposed changes just confirm the current pluralism: “A representative from the Michigan Department of Human Services testified that the agency already makes a point to avoid referring couples to an adoption agency that may have religious objections to their lifestyle.”

In other words, the bills seek to protect the freedom of faith-based agencies to use their best judgment when they serve children and families. The proposed changes will not force other agencies to change their policies. And the proposed changes will not prevent anyone currently able to adopt or foster from applying to a compatible agency to offer themselves as a temporary or permanent home for a child in need.

This is a positive policy such as the similar law passed earlier this year in Virginia. Rather than preventing anyone from adopting, it will prevent in Michigan what has happened in Massachusetts, Illinois, Washington DC, and other places: faith-based agencies being pushed out of child-placement services because the state has made it impossible for them to follow their convictions about how best to help children.