6th Circuit Permits Same-Sex Couple To Intervene In Lawsuit By Catholic Adoption Agency

The U.S. 6th Circuit Court of Appeals this week issued an opinion on a procedural issue in the continuing battle between the state of Michigan and Catholic adoption and foster care agencies.  In settling a case brought by a same-sex couple, the state agreed to impose sexual-orientation non discrimination requirements on child-placement agencies that contract with the state. Then the district court issued a preliminary injunction protecting the Catholic agency.  Now in Buck v. Gordon, (6th Cir., May 11, 2020), the Court of Appeals held that the trial court should have allowed permissive intervention in the case by a same-sex couple whose earlier lawsuit triggered Michigan's imposition of the non-discrimination requirements. Meanwhile the underlying case is on hold awaiting the U.S. Supreme Court's decision on a similar issue in Fulton v. City of Philadelphia.