Austin American-Statesman

Same-sex adoption proposal dies twice

Bill would protect agencies that refuse same-sex couples.

- By J. David McSwane dmcswane@statesman.com Contact J. David McSwane at 512-445-3618.

A proposal to protect religious adoption agencies from being sued if they don’t serve same-sex couples died twice late Tuesday as Republican­s in the Texas House ran up against a key deadline and Democrats in the Senate blocked it hours later when it popped up as a bill rider.

In a surprise move in the House, Rep. Scott Sanford, R-McKinney, didn’t push his far-reaching amendment to Senate Bill 206, a lengthy Sunset bill meant to streamline the Department of Family and Protective Services. The House gave tentative approval of that bill Tuesday without the contentiou­s amendment.

However, the Sanford proposal was briefly resurrecte­d in the Senate hours later as an amendment to House Bill 2566, an obscure bill that commission­ed a study for the Department of Family and Protective Services.

Sen. Kirk Watson, an Austin Democrat, got word that the amendment was coming and was able to raise the issue on the floor before the bill was to be heard.

A tense back-and-forth ensued between Watson and the bill’s sponsor, Republican Sen. Craig Estes of Wichita Falls, who said he was aware of the amendment “in the vaguest of terms.”

A version of Sanford’s proposal was offered in two amendments by Sen. Donna Campbell, a Republican from New Braunfels, who withdrew both amendments after a technical objection from Watson.

“It’s that time of the session when things are moving fast,” Watson told the American-Statesman. “So we’re just paying attention. It requires us to be diligent.”

Sanford’s proposal would have allowed faith-based child welfare agencies that contract with the state to sue Texas for damages up to $10,000 if a social worker tries to force them to do something against their “sincerely held religious beliefs,” such as provide contracept­ion to a foster child.

It also would have protected agencies if they enroll foster children in religious schools or if they refuse to allow a minor access to abortion services.

Sanford’s withdrawn amendment represents a minor setback for conservati­ve lawmakers as they prepare for a U.S. Supreme Court decision next month on state same-sex marriage bans.

If such bans are ruled unconstitu­tional, faith-based groups that refuse services to gay people could be exposed to lawsuits.

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