Religious Freedom and LGBT Adoption Laws Face Off

While the Supreme Court’s 2015 ruling in the case of Obergefell v. Hodges legalized same-sex marriage and gave same-sex couples the same rights as heterosexual couples, the lesbian, gay, bisexual, and transgender (LGBT) community continues to face challenges that heterosexual families do not. Among the most contested issues is whether foster care agencies can deny placing children based on the foster parents’ sexual orientation.

LGBT Adoption Laws

National LGBT Adoption Laws

Two opposing bills have been sent to Congress to determine whether faith-based foster care agencies are required to place children with families who don’t share their religious beliefs. LGBT rights advocates have proposed the Every Child Deserves a Family Act. It would prevent agencies receiving federal funding from denying foster care placements or adoption to members of the LGBT community and allow the Department of Health and Human Services (HHS) to withhold Title IV funding to states that don’t comply. The other bill in Congress proposed by religious advocates, the Child Welfare Provider Inclusion Act, would protect agencies from losing state funding for only providing service to those who share their religious beliefs.
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Texas Legislative Bill Brings Foster Care Immunization Questions to Light

Foster care immunization has gained the spotlight in Texas recently as the state attempts to reform its foster care system. The Texas child welfare system has been under fire since 2015, when a Corpus Christi judge delivered a 250-page ruling that declared that long-term foster care in the state was, as she put it, “broken.” The ruling came in the wake of 144 deaths of children in care between 2010 and 2014. According to the judge, this violates the 14th Amendment – the right to be free from, as the judge said, “rape, abuse, psychotropic medication and instability.” After receiving this criticism, the Department of Family and Protective Services (DFPS) of Texas began reform efforts, and House Bill 39 was introduced with a number of stipulations intended to keep children in foster care safe. Amidst the debate one hot-button issue has gained attention on the national stage: foster care immunization.

The legislature will have to determine where they stand on foster care immunization.

Immunization has been a controversial topic in the United States for years, with many groups across the country voicing opinions over the implementation of vaccines for children. Arguments tend to fall into two categories: “Are vaccines safe?” and “Should vaccines be mandatory?“ Proponents of immunization argue that vaccines are effective in preventing disease. They also have faith in major medical organizations like the Center for Disease Control (CDC), the Food and Drug Administration (FDA) and others that verify the safety of vaccines. They believe that vaccines are the primary way to protect future generations from possible disease outbreaks. For those that believe vaccines are safe, the question of whether the government requires them is moot – if vaccines are good for society and protect future generations, a mandatory vaccine schedule is entirely reasonable and acceptable. For those who doubt the safety of vaccines, however, government-based immunization schedules (including a foster care immunization plan) represent a threat to their children’s well-being.
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Foster Parent Rights Evolving

Across the United States, a number of states have enacted a Foster Parent Bill of Rights: Alabama, Arkansas, California, Georgia, Illinois, Kentucky, Louisiana, Maryland, Missouri, Mississippi, New Mexico, Oklahoma, Oregon, Pennsylvania, Tennessee and Washington.

Foster Parent RightsOther states have various codes or policies that are somewhat similar in nature. Here are some general provisions gleaned from reviewing several states’ regulations pertaining to foster parents:

  • Resource parents must be treated with dignity, respect and trust
  • Prohibition on discrimination
  • Respect for family values and beliefs

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