Critics say bill on foster, adoptive parents’ religious beliefs could put LGBTQ youth at risk

The state could not take a person out of consideration for becoming a foster or adoptive parent based on their “sincerely held moral and religious beliefs” on gender identity and sexual orientation under a bill passed by a House subcommittee Wednesday.

While supporters of Senate File 473 said the measure would increase Iowa’s pool of prospective parents, others said the measure could put LGBTQ+ youth and families at risk for discrimination. The Iowa Department of Health and Human Services could not require a prospective foster or adoptive parent to accept policies that conflict with their moral and religious beliefs related to LGBTQ+ people in order to be eligible for licensing or to be an individual child’s caretaker.

The bill also states a person cannot be precluded as a choice for becoming a child’s foster or adoptive parent based on their beliefs including factors like “the person’s intent to guide, instruct, or raise a child in a manner consistent with the person’s sincerely held religious or moral beliefs.”

Matthew Tate-Smith, the parent of four adopted children and foster parent of 14 children alongside his partner, said families like his could face discrimination in the foster and adoption placement process for their gender identity or sexual orientation. But he said more importantly, the bill could put children in this system at risk.

“What’s especially alarming is that this bill could place LGBTQ foster kids with prospective parents who might want to engage in the debunked practice of so-called ‘conversion therapy,'” Tate-Smith said. “… These kids deserve supportive and affirming homes and families that will welcome them with open arms, instead of attempting to fundamentally change who they are. Simply put, this is not in the best interest of foster children.”

“Conversion therapy,” sometimes referred to as “reparative therapy,” are practices that attempt to change a person’s sexual orientation or gender identity and expression. Medical organizations have overwhelmingly found that these practices are unscientific and are not recommended for children’s behavioral health treatment, and a 2020 study in the American Journal of Public Health found LGBTQ+ youth who were subject to conversion therapy were more likely to attempt suicide.

But advocates in favor of the bill said that the measure was needed to ensure that families with religious beliefs that do not affirm LGBTQ+ identities are not excluded from the pool of adoptive and foster parent applicants. Lance Kinzer with the 1st Amendment Partnership, a religious rights organization, said the measure was needed in light of policies in other states like Oregon where a prospective parent was denied certification after stating her religious beliefs would prevent her from they affirming a child’s gender identity or sexual orientation if they are transgender or attracted to the same gender.

Kinzer noted the Iowa legislation would still allow the department to take into account the “sincerely held moral and religious beliefs” related to LGBTQ+ identities of the child and their family of origin when determining the best placement for the child.

“What’s happening in other states is that people are being told not merely that they may not be the best placement for, say, a gender dysphoric 15-year-old, but because of their religious beliefs, they can’t foster any child, even a 15-year-old who attends their own congregation, who agrees with their religious beliefs,” Kinzer said.

Jim Florence, an adoptive parent of two children, said this issue is happening in Iowa, claiming he faced discrimination while going through the foster parent licensing process.

Florence said the discrimination occurred during the placement of two boys who they fostered that were adopted by a same-sex couple.  One of the children had told staff that “he wanted a mom and a dad, not two dads,” Florence said, and after he and his wife told the contracted organization and Iowa HHS that they believed the placement was not in the child’s best interest, he said they were “accused of forcing our religious beliefs on these children” and had their foster care license placed on hold.

He said the bill would prevent these situations from occurring in the future.

“The state’s responsibility is to consider a child’s beliefs and values when placing them in a foster or adoptive home,” Florence said. “As Christian parents, we try to protect these children’s Christian convictions. We advocated for the children’s rights to an adoptive home with similar beliefs and values to their own. Ultimately, the desires of the same-sex couple were given preference. Not only were we discriminated against, the fundamental rights of a child were ignored.”

The bill moved forward with support from Reps. Steven Holt, R-Denison, and Craig Williams, R-Manning. Holt reiterated the bill would take into consideration the beliefs of the child and family of origin when making a foster or adoptive care placement.

“This is removing the viewpoint of discrimination that currently exists against people of faith,” Holt said. “I think it is protective of both sides of the equation.”

Rep. Beth Wessel-Kroeschell, D-Ames, opposed the bill, saying that it was essential for children to be placed with families that will provide support regardless of their identity.

“Foster children are children in crisis, and their needs have to be put first,” Wessel-Kroeschell said. “Children must be in environments that have affirming care, and not somebody who’s trying to change them, but to help them.”

The bill, which passed the Iowa Senate 35-14, moves to the House Judiciary Committee for further consideration.