Tennessee Gov. Bill Lee, declaring that he’s taking a stand for religious liberty, has signed a bill allowing faith-based adoption agencies that are under state license and receive state funding to deny adoptions to gay and lesbian couples. The agencies may deny adoptions purely on the basis of whether adoption-applicant’s beliefs coincide with the religious beliefs of the agency.
“The governor believes that protection of rights is important, especially religious liberty,” says Gillum Ferguson, the governor’s spokesman. “This bill is centered around protecting the religious liberty of Tennesseans and that’s why he signed it.”
The twist in logic is frightening, because religious liberty is exactly what this law restrains.
The law permits an agency to reject an adoption not necessarily based on what’s best for the child but whether the prospective parents might “violate the agency’s written religious or moral convictions or policies.” The discriminatory nature of this law for LGBT adopting parents is obvious. But non-Christian religious groups also have major cause for concern.
Legislatures in Oklahoma and Kansas have approved similar measures. Five Republican members of the Tennessee Senate, including Lt. Gov. Randy McNally, declined to vote rather than side with supporters of that state’s bill. McNally went so far as to walk out of the session during debate.
The bill’s Republican sponsors have couched the legislation in terms of supporting the rights of religiously based adoption agencies to be excused from anti-discrimination restrictions. The law contains no language restricting the adoption agency’s considerations to sexual orientation only. That means a couple with prospective parents who are, say, Jewish or Muslim, may be rejected simply because the adoption agency’s written beliefs and moral code don’t allow for recognition of other religions.
Pastor Robert Jeffress, a key ally of President Donald Trump, cited Mormonism, Islam, Judaism and Hinduism in 2009 remarks: “Not only do they lead people away from the true God, they lead people to an eternity of separation from God in hell.” Under Tennessee’s law, he could legally discriminate against adopting parents belonging to those religions.
Religious discrimination in Tennessee is now technically permissible for agencies that receive state licenses and funding. Those agencies may not be denied licensing or funding because of such discrimination. So, much as Gov. Lee’s spokesman contends this is about religious freedom, it is in fact about religious oppression, potentially on the taxpayers’ dime.
The American Civil Liberties Union says it is weighing options for a challenge, arguing that quality adoptive parenting “is not determined by the parents’ sexual orientation or faith denomination.”
Supporters argue that prospective parents are free to go to other agencies and apply for adoption. Thus, no discrimination is occurring. Never mind the phrasing in the First Amendment prohibiting government endorsement of religion. It appears, however, that the Constitution is the last thing on Tennessee lawmakers’ minds.
