H.R. 289: Religious Freedom for Providers of Adoption, Foster Care, and Child Welfare Services Act

Full text:
To protect the religious freedom of providers of adoption or foster care services.

Summary:
Religious Freedom for Providers of Adoption, Foster Care, and Child Welfare Services Act - Amends the Social Security Act to prohibit federal payments for foster care and adoption assistance to a state or local government that discriminates against any entity that provides adoption or foster care services to only those couples who are united in marriage (defined as a legal union between one man and one woman as husband and wife) and to only those individuals whose conduct is in accordance with such entity's religious principles and practices.

Text:

HR 289 IH

110th CONGRESS1st SessionH. R. 289

To protect the religious freedom of providers of adoption or foster care services.

IN THE HOUSE OF REPRESENTATIVES

January 5, 2007

Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means

---

A BILL

To protect the religious freedom of providers of adoption or foster care services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Religious Freedom for Providers of Adoption, Foster Care, and Child Welfare Services Act'.

SEC. 2. FINDINGS.

The Congress finds as follows:

(1) The Constitution of the United States grants the Congress the power to provide for the general welfare of the people of the United States, and prohibits the enactment of laws that violate the freedom of religion guaranteed by the First Amendment.

(2) Among the many ways that Congress provides for the general welfare is by providing approximately $7,000,000,000 annually in Federal funds to support the provision of foster care, adoption, and other child welfare services to children and families in need of such services.

(3) One of the most important of these services is the placement of foster or adoptive children with families who are capable of providing appropriate care for these needy children.

(4) Religious organizations have played a longstanding role in the effective provision of these services, especially placement services.

(5) Some State and local governments have in effect laws, policies, or procedures under which licenses necessary for religious organizations to provide foster care and adoption services are denied, or threatened to be denied, unless these organizations violate their own religious principles and beliefs and agree to place foster or adoptive children with couples whose marriage is not recognized by Federal statute.

(6) These actions by State and local governments inhibit the religious freedom of religious organizations that seek to provide these services, by discriminating against them for providing these services in a manner that does not violate their religious principles and beliefs.

(7) An appropriate and effective method of encouraging cooperation with the Federal policy of supporting the provision of these services in a manner consistent with the freedom of religion is to withhold Federal funds from State or local governments who act in violation of this policy.

(8) Therefore, this Act provides for the withholding of Federal funds for foster care and adoption assistance to States that restrict the freedom of religious organizations to provide foster care and adoptive services consistent with the fundamental religious beliefs and principles of these organizations.

SEC. 3. PROTECTING RELIGIOUS FREEDOM OF ENTITIES THAT PROVIDE ADOPTION OR FOSTER CARE SERVICES.

Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding at the end the following:

`(g) Protecting Religious Freedom of Entities That Provide Adoption or Foster Care Services- None of the funds made available to carry out this part may be made available to a State or local government that discriminates against any entity on the basis that--

`(1) the only couples to whom the entity provides adoption or foster care services are couples united in marriage (as defined in section 7 of title 1, United States Code); or

`(2) the only individuals to whom the entity provides adoption or foster care services are those whose conduct is in accordance with the religious principles and practices of the entity.'.