A state agency declared the adoption policy of New Hope Family Services to be discriminatory under state regulations. Now the center may have to phase out its policy after a district court dismissed a lawsuit contesting the discrimination claim.  

New Hope Family Services is one of three crisis pregnancy centers in Onondaga County. CPCs often counsel pregnant women against having an abortion. New Hope, located in Syracuse, also operates as an adoption agency. Its focus on Christian family values and opposition to same-sex relationships has played out in federal court over the past year. 

The Office of Children and Family Services ordered New Hope to reform its adoption program in fall 2018 or face a mandated phase-out of the program. This prompted a December 2018 lawsuit from New Hope claiming the office was violating the center’s religious freedom. 

“In our procedures we state clearly that we won’t place with same-sex couples or couples who are living together without being married,” said Kathy Jerman, executive director of New Hope. “We brought the lawsuit against New York state for discriminating against our religious beliefs.”

The U.S. District Court in Albany dismissed the lawsuit on May 16, ruling that OCFS “stands on firm ground” in requiring authorized state agencies like New Hope to comply with state non-discriminatory policies.

“Given the extensive religious ministry and information provided to potential adoptive parents, there is no doubt that New Hope’s general disapproval of cohabiting unmarried couples and same sex couples will continue to be made clear,” the decision reads. “All that is forbidden is discrimination against prospective adoptive parents on the basis of their marital status and/or sexual orientation.”

A notice of civil appeal was filed June 11 on behalf of New Hope in the Second Circuit U.S. Court of Appeals. Craig Smith, assistant director for public information at OCFS, said in an email that the agency is reviewing the court’s ruling and determining appropriate action. 

New Hope claims in the lawsuit that the OCFS ultimatum has forced the center to choose between violating its religion or no longer exercising it through the closure of the adoption ministry. The center believes that the heterosexual, Biblical model for marriage is “the ideal and healthiest family structure for mankind and specifically for the upbringing of children,” according to the lawsuit.

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The ruling states OCFS did not infringe upon the religious freedom of New Hope in deeming its adoption policy discriminatory. The dismissal also found that New York’s non-discriminatory adoption policies do not contain anti-religious bias.

“OCFS is pleased that the court has granted the motion to dismiss the lawsuit,” Smith said. “The decision affirms that New York state law clearly prohibits discrimination of any kind.”

In September 2018, an OCFS permanency specialist conducted a review of New Hope’s adoption policy, according to the lawsuit. The specialist found the placement policy to be “discriminatory and impermissible” under the New York Codes, Rules and Regulations.

Adoption agencies in the state cannot discriminate or harass prospective adoptive parents due to their sexual orientation, marital status or gender identity or expression, according to state codes. 

If a same-sex couple went to New Hope looking to adopt, the couple would be told that the center is unable to place a child with them because of its religious beliefs, Jerman said. New Hope refers them to other agencies. The center is not judgmental or unloving toward same-sex clients, she said. 

OCFS ordered the center in October 2018 to submit a written response stating whether they would reform their adoption policy to comply with state adoption regulation, according to the lawsuit. If the center did not agree to change their policy, New Hope would be required to phase out their adoption program.

“OCFS will vigorously enforce the laws designed to protect the rights of children and same sex couples,” Smith said. “In New York state, we welcome all families who are ready to provide loving and nurturing homes to foster or adoptive children. There is no place for providers that choose not to follow the law.”

The Alliance Defending Freedom is representing New Hope in their lawsuit. Southern Poverty Law Center has classified Alliance Defending Freedom as an anti-LGBT hate group in 2016. Attorneys from ADF did not respond to several requests for comment. 

Alan Sears, former president of ADF, and Craig Osten, a senior director of research for the organization, published a book in 2003 that claimed the existence of a “homosexual agenda” was threatening the U.S. and Christianity. The authors claimed pedophilia and homosexuality are “often intrinsically linked,” according to the SPLC.

The ADF has supported the criminalization and recriminalization of homosexuality in the U.S. and in foreign countries. It submitted an amicus brief in 2003, supporting a Lawrence v. Texas case that claimed gay sex was a public health problem. The group has also supported European laws requiring transgender people to be sterilized in order for their name or gender identity to be recognized by the state. 

Jerman said she was not aware of those being the beliefs of ADF.

“I’m not sure how to answer that question at this point,” she said.

Sheila Poole, commissioner for OCFS, is named as the defendant in the December lawsuit. She could not be reached for comment. 

The New Hope lawsuit states that New York law was never amended to formally mandate policies that would require the center to place children with same-sex or unmarried couples. Smith, however, said state law is clear in stating discrimination is illegal. 

“Discrimination of any kind is illegal and OCFS will vigorously enforce the laws designed to protect the rights of children and same sex couples,” he said. 

Published on October 29, 2019 at 11:40 pm

Contact Emma: esfolts@syr.edu