One of the most problematic laws passed since 2017 has been the HB3859. Marty Rouse, national field director for the Human Rights Campaign and a foster and adoptive parent writes that the when Greg Abbott passed the HB 3859, "Governor Abbott has codified anti-LGBTQ discrimination into law." The law, TX HB3859, is an act relating to the conscience rights of certain religious organizations and individuals. It asserts that "a child welfare services provider may not be required to provide any services that conflict with the provider's sincerely held religious beliefs."
The law is detrimental for LGBTQ+ youth in the foster care system in three ways. First, HB 3859 legalizes discrimination against LGBTQ+ individuals because it allows taxpayer-funded agencies to refuse services in which they have a religious objection. In some cases, the law serves as a justification for agencies to subject innocent children to dangerous practices such as conversion therapy. In others, the law allows the foster care and adoption agencies to turn away children in need and who have nowhere else to turn to.
Second, the law prohibits states from canceling a state contract who does discriminate against LGBTQ+ youth, creating endless cycles where these abuses are left untouched. Third, the law allows the Texas foster care system to turn away gay parents who want to adopt children. LGBTQ+ youth are trapped, facing discrimination without hope of escape.
The free exercise clause of the first amendment guarantees the freedom of religion, not the freedom to discriminate. The free exercise clause states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This "free exercise" clause has been manipulated into promoting discrimination. Lawmakers have used this law to ensure public officials are not coerced into activities that are against their religious beliefs, and supporters claim that this law protects religious freedoms.
Although it is clear that we all maintain their right to hold any religious belief, regardless of the passage of this law, the problem arises as to what extent should the government support actions that are discriminatory and based on religious belief. Everyone should have the freedom to exercise their religious beliefs, but it should not come at the expense of the innocent. Government funded agencies should work relentlessly to promote the wellbeing of those in the community, rather than push their religious agenda.
The government work to benefit all, rather than defend the homophobic practices of the few.
