Wolves in Sheep’s Clothing: How Religious Exemption Laws for Discriminatory Private Agencies Violate the Constitution and Harm LGBTQ+ Families

Introduction

Kristy and Dana Dumont, who have been together for over a decade, seemed to be the “ideal” prospective parents.¹ They had been preparing for the last several years to welcome children into their home, moving to an idyllic neighborhood in the suburbs with a spacious yard and no shortage of nature trails nearby.² They had also made sure that there was a good school district and that their new house was ready for their future children.³ Despite all of their preparation and enthusiasm, however, they were denied by two tax-funded child-placing agencies in their area.⁴ The reason for the denial? Their sexual orientation. The fact that they were a same-sex couple meant that they did not meet the religious criteria that the agencies applied.⁵