Anti-discrimination adoption bill introduced

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Posted by Administrator in Politics on November 12, 2009  |  0 Comments More from this author  |

U.S. Rep. Pete Stark (D-Calif.) on Oct. 15 introduced the Every Child Deserves a Family Act, which would restrict federal funds for states that discriminate in adoption or foster programs on the basis of marital status, sexual orientation or gender identity.

Stark said in an interview that he introduced the legislation, H.R. 3827, in part because thousands of children each year "age out" of the child welfare system without finding homes.

"We got 25,000 kids a year maturing out of the welfare system without permanent foster care or adoptive care, and the prospects of those children having a successful adult life are diminished greatly," he said. "These are kids who end up in the criminal justice system, or end up homeless."

States with explicit restrictions on adoption that the pending legislation would affect are Utah, Florida, Arkansas, Nebraska and Mississippi. Florida, for example, has a statute specifically prohibiting gays from adopting, and in Arkansas, voters last year approved Act 1, which prevents unmarried co-habitating couples, including same-sex partners, from adopting children.

The legislation, Stark said, also would restrict funds for states where restrictions are put in place by agencies, individual social workers or judges, or where restrictions are part of the common law of the state.

For states that don't comply with the law, federal officials could withhold from the states funds provided to them for child welfare services. The bill also calls for a Government Accountability Office study within five years to examine how states are complying with the new rules.

The bill is modeled after the Multi-Ethnic Placement Act, a law Stark helped shepherd through Congress in 1994 that prohibits racial discrimination in foster care and adoption placements.

Stark said discrimination is "bad in any situation," but is particularly heinous in adoption because it's actually "discriminating against kids who need the support" and it denies adults the personal fulfillment of raising a child.

"I'm not going to talk about all the problems it brings because — having three young children under the age of 14 — I can tell you it ain't all roses, but nevertheless, there is a benefit, I think, a great benefit to the adult," he said.

Stark said in some circumstances, when children are orphaned, a state could deny giving them to a grandparent to be raised if the grandparent is gay. Such a case, Stark said, would carry discrimination "to its ridiculous extreme."

Despite the purported benefits the legislation would bring, there are few voices in Congress supporting the bill. The legislation had no co-sponsors as of Monday.

Still, the legislation has the backing of House Speaker Nancy Pelosi. Drew Hammill, the speaker's spokesperson, said Pelosi shares the view of child welfare groups that children "should have the security of two fully sanctioned and legally recognized parents, whether those parents are of the same or opposite sex."

"Denying a child a loving home solely on the basis of a couple's sexual orientation is wrong and ultimately harms the child," Hammill said. "With that in mind, we are encouraged that Rep. Stark is taking up the issue and will be monitoring the legislation's progress."

The bill also enjoys support from LGBT organizations, including the Human Rights Campaign and the Family Equality Council.

Trevor Thomas, an HRC spokesperson, said his organization supports "all efforts to remove artificial barriers to finding permanent families for children and youth."

"We know that lesbian and gay families can be a great resource for children and youth in foster care and should be fully welcomed and supported as foster [or] adoptive parents," he said.

Thomas said if the bill gains traction in Congress, HRC would lobby in its support.