The state of Texas is considering allowing discrimination against LGBT individuals by denying them the right to adopt a child simply because they are LGBT.
Texas House Bill 3859, aka the Freedom to Serve Children Act, gives private companies and/or state run agencies the legal right to reject a prospective parent based on an authority’s religious belief.
A spokesperson for the ACLU of Texas explained that this proposed state legislation “would allow child welfare service providers that contract with the state to use taxpayer money to discriminate against LGBT individuals and families. “
But Texas is not the first or only state to propose this. In fact, Alabama and South Dakota have actually enacted similar state laws in the past few weeks.
TX State Representative James Frank, who authored HB 3859 explained that the state legislation was needed since approximately a quarter of the child welfare provided in Texas is faith-based. A spokesman for Rep. Frank told CNN that Frank’s bill “protects the rights of the faith-based organizations to exercise their religious mission to serve others without fear of retaliation.”
In response, Human Rights Campaign counsel Catherine Oakley claims “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… This goes against the best interest of the child…. As a governmental entity, Texas is bound to treat people equally under the law. This is a violation of equal protection under the law.”