Texas adoption agencies could ban Jews, gays, Muslims

AUSTIN, TEXAS — Parents seeking to adopt children in Texas could soon be rejected by state-funded or private agencies with religious objections to them being Jewish, Muslim, gay, single or interfaith couples, under a proposal in the Republicancontrolled legislature.

Five other states have passed similar laws protecting faith-based adoption organizations that refuse to place children with gay parents or other households on religious grounds — but Texas’s rule would extend to state-funded agencies.

The bill had been scheduled for debate and approval Saturday in the state House, but lawmakers bogged down with other matters. It now is expected to come up this week.

Republican sponsors of Texas’s bill say it is designed to support the religious freedom of adoption agencies and foster care providers. Many of the agencies are private and faith-based but receive state funds. But opponents say it robs children of stable homes while funding discrimination with taxpayer dollars.

“This would allow adoption agencies to turn away qualified, loving parents who are perhaps perfect in every way because the agency has a difference in religious belief,” said Catherine Oakley, senior legislative counsel for the Human Rights Campaign. “This goes against the best interest of the child.”

The bill also blatantly violates the Constitution, Oakley added. “As a governmental entity, Texas is bound to treat people equally under the law,” said Oakley. “This is a violation of equal protection under the law.”

State Rep. James Frank, the bill’s author, said it’s designed to address the state’s foster care crisis by making “reasonable accommodations so everyone can participate in the system.”

Frank said most adoptions happen through the state’s Child Protective Services, which would not be subject to the religious freedom mandate, though outside agencies that receive state funding would be. He said his bill “codifies” the choices adoption agencies are already making.

“My guess is if you have an LGBT agency they’re going to pick an LGBT family, and if you have a Baptist agency they may be more likely to pick a Baptist family,” Frank said. “They’re free to do that and should be free to do that.”

Frank also said the bill directs state child services to ensure that other outside adoption providers without religious objections are made available to help would-be adoptive parents who get turned away by any who do raise objections.