Adoption and foster care agencies are the latest battle grounds of religious freedom in the United States today. A number of states have already passed legislation which would protect religiously motivated adoption agencies from being forced to place children with those who identify as LGBT. These bills are called Child Welfare Provider Inclusion Acts (CWPIA). Not surprisingly, CWPIAs have not passed through state legislatures without opposition. Opponents call them “needless”—but are they? Or are they necessary to ensure the survival of faith-based adoption agencies?
In 2006, Catholic Charities of Boston shocked the U.S. charity world when, on March 10, it announced it “plann[ed] to be in discussion with the Commonwealth [of Massachusetts] to end [its] work in adoption services.” They cited disagreement with the Massachusetts law which required the charity to violate its convictions on a child’s need for a mom and dad. Catholic teaching describes homosexual adoption as gravely immoral. The Archdiocese declared in a statement concerning the issue, “in spite of much effort and analysis, Catholic Charities of Boston finds that it cannot reconcile the teaching of the Church, which guides our work, and the statutes and regulations of the Commonwealth.”
This was one of the first situations that showed the dark underbelly of sexual orientation “non-discrimination” policies. Following the Archdiocese of Boston’s decision, Catholic Charities of D.C. was “informed…that the agency would be ineligible to serve as a foster care provider due to the impending D.C. same-sex marriage law.” Catholic Charities was forced into similar situations in southern Illinois and in San Francisco.
North Dakota became the first state to protect religious-based charities when, in 2003, it passed a law which states: “A child-placing agency is not required to perform, assist, counsel, recommend, facilitate, refer, or participate in a placement that violates the agency’s written religious or moral convictions or policies.” In addition, the law also states that a state cannot deny a contract based on religion. These laws read similarly in the states that have passed them. Kansas, Alabama, Virginia, Michigan, Mississippi, South Dakota, and Texas have passed CWPIAs. Oklahoma is the newest state to pass a CWPIA on May 11, 2018.
The First Amendment of the U.S. Constitution declares that “[g]overnment shall make no law respecting religion; or prohibiting the free exercise thereof.” In forcing religious charities to choose between violating their religious beliefs or shutting down, the government is effectively prohibiting the free exercise of religion.
Under CWPIAs, no adoption agency is prohibited by the state from allowing anyone to adopt children, it only allows religious charities to uphold their religious belief that children need a mom and dad.
There are an estimated 118,000 children in need of adoption in the United States right now. Limiting the number of adoption agencies is certainly not the best way to help them. The well-being of children should be paramount, and they should not be used as pawns in the culture war. Child Welfare Provider Inclusion Acts allow for religiously motivated charities to continue to operate and place children without violating their consciences, a freedom the government is required under the Constitution to protect.
Be sure to read FRC’s in-depth analysis on the importance of CWPIAs.
Spenser White is an intern at Family Research Council.
