An Arkansas bill prohibiting state officials from forcing faith-based adoption and foster care organizations from placing children in homes that go against an agency’s religious or moral beliefs was signed into law by Gov. Sarah Huckabee Sanders.
Sanders, a Republican, signed Act 509 last Thursday along with several other bills on various topics. The measure overwhelmingly passed both chambers of the legislature earlier this month.
Also known as House Bill 1669 or the Keep Kids First Act, the new law prohibits the state government from requiring faith-based organizations 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.”
Get Our Latest News for FREE
Subscribe to get daily/weekly email with the top stories (plus special offers!) from The Christian Post. Be the first to know.
The law also stops the government from taking action against an adoptive or foster parent on the basis of their religious beliefs or “[r]efusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with” their “sincerely held religious beliefs.”
“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 pre-adoptive 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,” HB 1669 continued.
Supporters of the law include the Alliance Defending Freedom, a nonprofit religious liberty law firm that has successfully argued cases before the U.S. Supreme Court.
“Every child deserves a loving home that can provide them stability and opportunities to grow. Yet other states have put politics over people by excluding caring families and faith-based adoption and foster care organizations from helping children find loving homes,” said ADF Senior Counsel Greg Chafuen in a statement last Friday.
“Thankfully, Arkansas has taken the critical step to pass HB 1669, the Keep Kids First Act, which prioritizes the well-being of kids by prohibiting state and local government officials from discriminating against adoption and foster care providers and parents simply because of their religious beliefs and moral convictions.”
Critics of the legislation included the Arkansas chapter of the American Civil Liberties Union, a prominent progressive law firm that has frequently advanced LGBT advocacy issues in the courts.
“This harmful legislation would codify the exclusion many LGBTQ individuals and couples already face when trying to foster or adopt,” the ACLU of Arkansas said in a statement.
“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.”
In recent years, there has been considerable debate and litigation over whether Christian charities that work with government agencies should be required to adhere to antidiscrimination laws regarding gender identity and sexual orientation.
In 2021, the Supreme Court unanimously ruled in Fulton v. City of Philadelphia that officials in Philadelphia, Pennsylvania, could not exclude Catholic Social Services (CSS) from its foster program solely because the organization refused to place children with same-sex couples.
“Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature,” wrote Chief Justice John Roberts for the court opinion.
“The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment.”
