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A spokesman for the Michigan Department of Health and Human Services declined to comment on the case, citing the ongoing litigation.

Becket and the state of Michigan have asked the court to dismiss the lawsuit, and a hearing on that motion is scheduled for Thursday.

But in this case, the care for children lies in the balance.

As one of the first cases of its kind on this issue, experts say it's likely to set a legal precedent with national implications in courts and state legislatures across the country.

Michigan contracts with a number of private agencies, some faith-based, to provide adoption and foster care services for the nearly 13,000 children in the state’s system.

Some of those state-contracted agencies, including St.

Vincent has never stood in the way of an adoption taking place, and has not prevented same-sex couples from adopting children that were in St. Shamber Flore, 20, with mom and dad Tamal and Jerry Flore, center, and siblings Mercy, 9, Lucas, 10, Justice, 11, Marcus, 10, Christian, 16, Natiana, 16, Jubilee, 7, Sierra, 17, and Lexi, 17, clockwise from left foreground, outside the family's home in De Witt, Michigan, June 18, 2018.

Once a gay couple has been endorsed by another agency and licensed by the state, it can still adopt a child in St.

But similar bills have died in Colorado and Georgia.When asked whether it was the agency’s view that same-sex couples are unfit to be foster and adoptive parents, Barclay said that “St.Vincent would not want to give unmarried or same-sex couples a negative recommendation to the state, potentially harming their chances of being licensed by the state.Kaplan says the ACLU takes no issue with the state contracting with faith-based agencies, and does not challenge the right of any private child-placing agency to practice its religion.He says the ACLU’s case rests on the fact that the agencies are receiving state funding, and are using religious criteria to turn away applicants.

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