Stephanie Anderson
Freedom to Serve
Children Act
HB 3859
Freedom to Serve Children Act
Goals and Impacts
Unintended consequences
Harming children in welfare services
Preventing access to mental
health care or certain medical
procedures/treatments
Opening children up to forced
religious education, including
"conversion therapy"
for LGQTB
Preventing access to birth
control or abortions
Discrimination
LGQTB, religious minority,
single, or previously-divorced
adoptive families unable to adopt
LGQTB and religious
minority children left in foster care
Intended goals
Help children in foster care
To match families and children with
those of similar beliefs
To reduce children in foster care,
which has been achieved.
Protect faith-based organizations
Prevent them from legal
ramifications of their policies
Give them pool of
religious matches
Reopen their services for adoption
assistance, which they have done
What the Policy says
If faith-based group chooses not to
assist child or adoptive family, agency
must ensure adjacent agency is available to assist.
This process is not clearly defined
Faith-based groups make up
25% of child welfare providers
State-funded and private
agencies can enforce their
own "religious" agenda/beliefs
without fear of repercussions
"Sincerely held religious beliefs" is ambiguous
and not clearly defined
Legal Foundations
unconstitutional
Teen Ranch Inc v. Udow, 2007
Texas Religious Freedom Restoration Act of 1999
already in place, no need for more laws
Religious Freedom Restoration Act already in place
no need for more laws
1st amendment violation (establishment clause)
constitutional
Religious Freedom Restoration Act, precedent set
South Dakota SB 149, similar bill
Mississippi HB 1523, similar bill
Texas Religious Freedom Restoration Act of 1999,
precedent set
Interest Groups
Oppose
democrats
LGQTB groups
GLAAD
pro-choice groups
youth protection groups
North American Council on Adoptable Children
Child Welfare Group of America
civil/human rights groups
Family Equality Council
Human Rights Campaign
Equality Texas
social workers
Supporters
religious groups
Buckner Children and Family Services
Catholic Charities
pro-life groups
republicans
