Washington D.C., Dec 20, 2019 / 14:59 pm
A federal rule change once again allows faith-based adoption agencies to receive federal funding without being required to place children with same-sex couples. The move was welcomed by a religious freedom legal group, but drew opposition from all Democrats in the U.S. Senate.
The previous rule, enacted at the end of the Obama administration in 2016, “threatened to shut out faith-based social service providers” if the adoption and foster care agencies “respect a child’s right to a mother and a father,” the U.S. Conference of Catholic Bishops said when the proposed change was announced Nov. 1.
The rule change cited several complaints, requests for exceptions, and lawsuits, according to the Department of Health and Human Services notice published in the Federal Register. Some entities outside the federal government voiced concern that the 2016 rule violated the federal Religious Freedom Restoration Act or the U.S. Constitution, exceeded the authority of the HHS, or reduced the effectiveness of programs.
The change drew support from the Alliance Defending Freedom legal group.
“Every child deserves a chance to be raised in a loving home. That’s why ADF supports HHS’s revision of its regulations to allow both secular and faith-based providers to compete for federal grants on an equal footing,” Alliance Defending Freedom senior counsel Zack Pruitt said Dec. 19.
Pruitt said faith-based adoption and foster care providers play “an integral role” in serving vulnerable children, like the 430,000 in foster care system and the 125,000 eligible for adoption.
“Unfortunately, the previous regulation—finalized in the 11th hour of the Obama Administration—failed to protect all providers and discriminated against faith-based providers simply because of their beliefs about marriage. That is not keeping kids first,” Pruitt added.
“HHS’s proposed rule to end this discrimination offers hope for children, more options for birth parents, support for families, and increased flexibility for states seeking to alleviate real human need, he said. “We commend HHS for protecting a diversity of providers to ensure the greatest number of children find a permanent, loving family.”