Rep. Robin Lundstrum of Elm Springs and Sen. Gary Stubblefield of Branch have introduced a new House Bill which could affect adoption in Arkansas. While HB 1615 is not primarily about adoption and applies much more broadly, it does specifically mention adoption as one of the issues it covers.
The law’s official intent is to “prohibit government discrimination against religious organizations.” Among the religious organizations discussed in the bill are “faith-based adoption and foster care providers.” Adoption agencies and foster care providers are often faith-based organizations.
The specific actions identified by the bill are to “Ensure that individuals and organizations cannot be compelled, either by the government or through a lawsuit initiated by a private party, to engage in conduct that conflicts with their beliefs or be punished or discriminated against for declining to engage in conduct that conflicts with their beliefs.”
Moving into the details, the bill states that organizations that refuse services to trans individuals, for example, cannot be punished by having grants or other benefits withheld by the government. Such an organization cannot lose licensing or accreditation for refusing services under these circumstances, when the decision to do so is based on sincere religious beliefs.
The law is intended to cover situations like a bakery refusing to bake a wedding cake for a same-sex couple as well as adoption.
Supporters of the bill consider it an important clarification of current laws on religious freedom, while critics believe that it will allow discrimination against LGBTQ people in Arkansas.
How does the bill affect adoption?
Currently, birth mothers in Arkansas can request that their children be placed with families who share their faith traditions. Adoption agencies are allowed to set their own requirements for the adoptive families they choose to work with. Members of the House have already stated that the bill will not make any changes, simply because current laws already provide freedom from religious discrimination.
However, opponents of the bill claim that it could lead to discrimination. There is a fair amount of resistence to the bill, and similar bills have failed in the past.
Same-sex couples are legally free to adopt in Arkansas. Private adoptions will not be affected by this bill even if it passes. Still, it is possible that some adoptive families will have fewer agencies to choose from if the bill were to pass.
Heimer Law supports all would-be adoptive parents and all expectant parents considering adoption. Your particular adoption journey will doubtless have its own special circumstances. Fortunately, with hundreds of adoptions behind us, we have the breadth and depth of experience to help you with your particular needs. Contact us today with your questions about adoption and adoption law.
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