A new law requiring state-funded adoption agencies to include gay couples in the foster child placement programs is forcing Catholic Charities to choose between providing a social service and violating religious beliefs, the group claims. While the state says it won't renew its contract, Catholic Charities is trying to fight back in court.

Catholic Charities will be in court Tuesday to seek an order that would delay the state action until a pending lawsuit decides whether Illinois law now requires Catholic agencies to provide services to gay and unmarried couples.

Illinois has determined that it can no longer do business with Catholic Charities, said DCFS spokesman Kendall Marlowe. The state has other agencies for the nearly 2,000 children being served by Catholic Charities, he said.

“We cannot enter a contract for services with anyone who has publicly stated that they will not follow the law in providing those services,” Marlowe said.

Currently, the organization sends gay and unmarried partners to other adoption agencies who are willing to place foster children in their care. Whether that referral process is enough to satisfy the requirements of the law will likely be one of the issues at stake here.