The Massachusetts Constitution declares the equality of all people and the right of all people to practice religion as they see fit. In article XVIII, the Massachusetts Constitution also declares it unlawful for the state government to pass any law that prohibits an individual’s right to the free exercise of religion. The state’s desire to protect both the equality of people and the practice of religion does not always play out harmoniously and recently, the Catholic Church found its religious views regarding homosexuality and morality in conflict with state adoption laws.
In 2003, the Vatican responded to the debate over gay marriage with a statement entitled “Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons.” In addition to unequivocally opposing homosexual marriage and unions, the statement set forth the Church’s position against homosexual adoptions. The Vatican declared that homosexual adoptions violate church doctrine and are contrary to a child’s best interests. This statement created serious questions about the ability of the Church’s social-service agency, Catholic Charities, to continue offering adoption services in Massachusetts in light of state adoption laws prohibiting discrimination on the basis of sexual orientation.
In Massachusetts, the first case recognizing the legality of adoption by same-sex couples dates back more than a decade. Further, in order to offer adoption services for special-needs children, any potential agency must receive licenses from the Department of Early Education and Child Care and the Massachusetts Department of Social Services, both of which have regulations forbidding licensees to discriminate on the basis of sexual orientation. Prior to the Vatican’s statement, the Boston branch of Catholic Charities placed a small number of children with homosexual couples since receiving its license in 1987. However, in light of the official statement and increased media attention, and despite any objections from disagreeing members of the branch, church officials decided adoption services could only be offered in accordance with church teaching. . . .