Freedom to Serve
Children Act
HB 3859
Interest Groups
Supporters
republicans
pro-life groups
religious groups
Catholic Charities
Buckner Children and Family Services
Oppose
social workers
civil/human rights groups
Equality Texas
Human Rights Campaign
Family Equality Council
youth protection groups
Child Welfare Group of America
North American Council on Adoptable Children
pro-choice groups
LGQTB groups
GLAAD
democrats
Legal Foundations
constitutional
Texas Religious Freedom Restoration Act of 1999,
precedent set
Mississippi HB 1523, similar bill
South Dakota SB 149, similar bill
Religious Freedom Restoration Act, precedent set
unconstitutional
1st amendment violation (establishment clause)
Religious Freedom Restoration Act already in place
no need for more laws
Texas Religious Freedom Restoration Act of 1999
already in place, no need for more laws
Teen Ranch Inc v. Udow, 2007
What the Policy says
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
If faith-based group chooses not to
assist child or adoptive family, agency
must ensure adjacent agency is available to assist.
Faith-based groups make up
25% of child welfare providers
This process is not clearly defined
Goals and Impacts
Intended goals
Protect faith-based organizations
Reopen their services for adoption
assistance, which they have done
Give them pool of
religious matches
Prevent them from legal
ramifications of their policies
Help children in foster care
To reduce children in foster care,
which has been achieved.
To match families and children with
those of similar beliefs
Unintended consequences
Discrimination
LGQTB and religious
minority children left in foster care
LGQTB, religious minority,
single, or previously-divorced
adoptive families unable to adopt
Harming children in welfare services
Preventing access to birth
control or abortions
Opening children up to forced
religious education, including
"conversion therapy"
for LGQTB
Preventing access to mental
health care or certain medical
procedures/treatments