Arkansas Governor Sarah Huckabee Sanders has signed a new law which will affect Arkansas adoptions. The bill, Act 509 or House Bill 1669, is also known as the Keep Kids First Act. The law states, “The state government shall not require any private child placement agency to perform, assist, counsel, recommend, consent to, refer,
or participate in any placement of a child for foster care or adoption when the proposed placement would violate the private child placement agency’s sincerely held religious or moral beliefs.” Further, “The state government shall not take any discriminatory action against a person whom the state government places custody of a foster or preadoptive child with…based on the person’s sincerely held religious belief, or intent to guide, instruct, or raise a child, based upon or in a manner that is consistent with that person’s sincerely held religious belief.”
Religious freedom
Supporters of the Keep Kids First Act consider it a blow for religious freedom, preventing any government action that would punish individuals or organizations from acting in accordance with their religious beliefs.
Further, the bill itself refers to a Supreme Court decision that allowed a Catholic organization to place children for adoption, saying, “The United States Supreme Court has recognized the benefits of having more, not fewer, adoption and foster care providers.” Increasing the number of adoptive parents or foster care families is another goal of the legislation.
The Arkansas Constitution includes this clause on religious freedom: “All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.”
Supporters of the Keep Kids First Act tend to refer to cases in which individuals have been refused permission to adopt or foster children because they objected to a requirement that they support children’s decisions about their gender identity. and the law mentions only religious beliefs regarding gender identity. However, the phrasing of the law would allow it to apply to other kinds of religious beliefs, such as dietary laws or the keeping of the Sabbath.
Discrimination against same-sex couples
However, opponents of the law, including the Arkansas ACLU, claim that it could lead to discrimination against same-sex couples. They believe that the point of the law is to make it possible for agencies to refuse to place children for fostering or adoption with same-sex couples, even though such couples are allowed to adopt children under Arkansas law.
The bill does specifically include “without limitation religious or moral beliefs regarding sexual orientation and gender identity and how those beliefs relate to the religious or moral beliefs of a prospective foster or preadoptive parent.” The law also says, “The state government shall not establish or enforce any per se standard, rule, or policy that precludes consideration of a current or prospective foster or preadoptive parent for any particular placement based in whole or in part on the person’s sincerely held religious beliefs regarding sexual orientation or gender identity.”
In a statement, the Arkansas ACLU said, “Instead of enshrining discrimination into law, our state should be working to ensure that every child in Arkansas has the opportunity to grow up in a safe, loving home. HB 1669 prioritizes prejudice over the best interests of children and undermines efforts to provide stable, affirming families for those in need.”
How will this affect Arkansas adoptions?
The law does not prevent same-sex couples or individuals with any specific views on gender identity from adopting children in Arkansas. It allows adoption agencies to refuse to place children with such individuals. Or, if applied more broadly, to refuse to place children with families which hold views on other topics which conflict with the agencies’ sincerely held religious beliefs.
There are many adoption agencies and adoption professionals in Aransas, though. Would-be adoptive parents may need to visit more than one to find the right fit — but that has always been true.
If you have questions about adoption law or you are looking for support and help in your own adoption journey, Heimer Law can provide the expertise and compassion you seek. We specialize in adoption law, unlike many family law firms. Call us, or fill out the form below.
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