Michigan Lawmaker Introduces Bill To Interfere With Interstate Commerce

Lately there has been extreme hate speech on what is considered as "fit to parent".  When I see this type of hatred being pushed by legislators, I have to stand up and do what I do best:  Make them look stupid.

Ok.  What we have here is a handful of Michigan Legislators who want to fantasize about what happens in the bedroom of two adults.  First it was the marriage folks who claim that a single parent should not have the right to raise children.  Then there are the parental rights people who believe that poverty and disability is the "governmental interest of the highest order" to deny a parent the  right to raise a child.

Lest not forget the folks who believe parenting should theologically based and even based on the level of melanin of one's skin.

So now there is a movement in Michigan to add to the fitness category of parenting one's disability, religion, color of skin or sexuality.

There are three approaches to examine the constitutionality of banning gay couples the right to become foster and adoptive parents.  Instead of beating the same old drum of the civil rights argument, I am going to begin with the dormant commerce clause argument.

The dormant commerce clause:  Foster care is a federally funded program.  People have a right to engage in business with government.  Michigan Representative Kenneth Kurtz has introduced legislation that would exclude individuals from doing business with the state based upon what people may or may not do in the bedroom.

States do not have the power to regulate commerce of a federally regulated program.  The case of Granholm v. Heald awakened the dormant commerce clause to let Michigan know that it cannot interfere with interstate commerce.

Is foster care interstate?  Of course it is.  Let's look at Michigan's powerpoint on the Interstate Compact on the Placement of Children.

Michigan Interstate Compact on the Placement of Children 2012

Since I believe I have made my point that HB 5763 and HB 5764 is unconstitutional as it violates the commerce clause, let us proceed to my second point of contention that the supporters of these Bills believe morality trumps the Constitution. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: SEC. 5A 1 . THE DEPARTMENT SHALL NOT CONSIDER A CHILD PLACING 2 AGENCY'S OBJECTION TO PLACEMENTS THAT VIOLATE THE CHILD PLACING 3 AGENCY'S WRITTEN RELIGIOUS OR MORAL CONVICTIONS OR POLICIES IN ANY 4 SITUATION IN WHICH THE DEPARTMENT INTERACTS WITH THAT CHILD PLACING 5 AGENCY. THIS PROHIBITION INCLUDES, BUT IS NOT LIMITED TO, PLACEMENT 6 CONSIDERATIONS, FUNDING CONSIDERATIONS, CONTRACTING CONSIDERATIONS, 7 OR ANY OTHER AREAS IN WHICH THE DEPARTMENT MUST MAKE A 8 DETERMINATION INVOLVING A CHILD PLACING AGENCY. Gay foster youth:  If a child placing agency decides, as a conscience choice, not to place a gay youth, then is it true a child placing agency can decide not to place a gay youth back with the family under similar reasoning of personal morality?  Would this mean CPS can remove a child based upon the sexual orientation of the biological parent or relative?  What an evil message our elected officials are sending to our youth. Disabilities:  Instead of going into details, I encourage everyone to read this groundbreaking report from the National Council on Disabilities.  Rocking the Cradle:  Ensuring the Rights of Parents with Disabilities and Their Children.  Parents with mental or physical challenges are having their children removed and being denied placement based upon what the Child Placing Agencies are calling a moral and conscience decision. Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children I object to this Bill based upon my moral convictions to not interfere in commerce.

Stop Extremist Legislators From Denying Homes for Kids!    Take Quick Action -- On-Line Attend Hearing in Lansing, 10:30 a.m. Nov 27th The Unitarian Universalist denomination's new Study/Action Issue on "Reproductive Justice" recognizes that gay couples should have the right to adopt a child.  However ... It is quite troubling that a hearing has been scheduled by the Michigan House Committee on Families, Children and Senior Citizens at 10:30 a.m. Tuesday, November 27th on two bills that would legalize discrimination against gay couples who want to raise children. HB 5763 would allow adoption agencies the abililty to deny an adoption placement based on that agency's "moral or religious beliefs". HB 5764 would protect government funding for agencies choosing to discriminate.  The bills even acknowledge that a religious or moral conviction that could allow an agency to deny adoptions rights to certain families does NOT imply "that the proposed adoption is not in the best interest of the adoptee".  With 14,000 children in Michigan who need a place to call home, our government should be focusing on finding stable environments to raise children, not on turning away capable and willing families eager to love and support a child in need. The bill's primary sponsor, Kenneth Kurtz, (R-Coldwater), is wasting our money on a bill which does nothing to help children residing in foster care in Michigan.  Click HERE to go to an Equality Michigan action alert that will allow you to quickly express your opposition to these bills.  Forward this email to others. MUUSJN and other UU's plan to attend this hearing and, if possible, testify how we feel about this outrageous legislation.  If you can join us,  please call me at 248-224-5572 (cell) or email me at randyblock@yahoo.com.  When you see your friends in church this Sunday,  invite them to go to Lansing on Tuesday morning! Hearing Time: 10:30 a.m. November 27th Place:  Room 327 Anderson House Office Building, 124 North Capitol, across the street from the Capitol, Lansing, Michigan. Together, we can do great things,    Randy Block, Director Michigan UU Social Justice Network www.uujustice.org www.facebook.com/MUUSJN

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