Bill Text: NJ AR238 | 2016-2017 | Regular Session | Introduced
Bill Title: Condemns South Dakota law permitting child placement agencies to discriminate against foster and adoptive parents who are lesbian, gay, bisexual, transgender, and queer or questioning persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-11 - Introduced, Referred to Assembly Women and Children Committee [AR238 Detail]
Download: New_Jersey-2016-AR238-Introduced.html
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Condemns South Dakota law permitting child placement agencies to discriminate against foster and adoptive parents who are lesbian, gay, bisexual, transgender, and queer or questioning persons.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution condemning South Dakota law permitting child placement agencies to discriminate against foster and adoptive parents who are lesbian, gay, bisexual, transgender, and queer or questioning persons.
Whereas, In March 2017, the Governor of South Dakota signed Senate Bill 149 into law, making it the fourth state in the country to enact a so-called "religious freedom" law targeting foster care and adoption agencies; and
Whereas, Senate Bill 149, allows South Dakota's child placement agencies to refuse to provide foster or adoptive care services on the basis of the agency's religious or moral convictions; and
Whereas, As a result, South Dakota's child placement agencies can establish discriminatory policies against the state's LGBTQ population without fear of losing taxpayer subsidies by refusing to place a foster child with same-sex couples or a lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) parent on religious grounds; and
Whereas, The law could also force LGBTQ children in South Dakota's foster care system to remain in facilities that do not affirm their identity and actively work against their well-being by denying such children appropriate medical and mental health care; and
Whereas, Research has shown consistently shown that LGBTQ children, as a group, face challenges and barriers in their daily lives, resulting in higher rates of family abandonment and homelessness, greater contact with the juvenile and criminal justice systems, and higher levels of depression, anxiety, substance abuse and suicidality than their heterosexual and cisgender counterparts; and
Whereas, The consequences of laws like Senate Bill 149 and other "religious freedom" bills pending in other states around the country could exacerbate the daily challenges and stigma experienced by LGBTQ children; and
Whereas, The provisions of Senate Bill 149 also deny same-sex couples and LGBTQ parents the ability to provide needed foster or adoptive care services to vulnerable children because of a state agency's ability to discriminate against certain people under the guise of "religious freedom"; and
Whereas, The law's enactment was opposed by national child welfare experts, including The Adoption Exchange, the Child Welfare League of America, the National Association of Social Workers, and the Voice for Adoption, as well as family law experts, South Dakota pediatricians, and local and national LGBTQ-rights organizations such as the Movement Advancement Project and the Human Rights Campaign; and
Whereas, It is altogether fitting and proper, and in the public interest, for this House to condemn the enactment of Senate Bill 149, a law that allows child placement agencies in South Dakota providing
foster and adoptive care services to discriminate against that state's LGBTQ population under the guise of "religious freedom"; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House condemns the enactment of Senate Bill 149, a law that allows child placement agencies in South Dakota providing foster and adoptive care services to discriminate against that state's LGBTQ population under the guise of "religious freedom."
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to The Adoption Exchange, the Child Welfare League of America, the National Association of Social Workers, the Voice for Adoption, the Movement Advancement Project, and the Human Rights Campaign.
STATEMENT
This resolution condemns the enactment of Senate Bill 149, a law that allows South Dakota's child placement agencies to refuse to provide foster or adoptive care services on the basis of the agency's religious or moral convictions.
As a result of the law's enactment, South Dakota's child placement agencies can establish discriminatory policies against the state's lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) population without fear of losing taxpayer subsidies by refusing to place a foster child with same-sex couples or LGBTQ parents on religious grounds; and force LGBTQ children in South Dakota's foster care system to remain in facilities that do not affirm their identity and actively work against their well-being by denying such children appropriate medical and mental health care.
Research has consistently shown that LGBTQ children, as a group, face challenges and barriers in their daily lives, resulting in higher rates of family abandonment and homelessness, greater contact with the juvenile and criminal justice systems, and higher levels of depression, anxiety, substance abuse and suicidality than their heterosexual and cisgender counterparts.
The consequences of laws like
Senate Bill 149 and other "religious freedom" bills pending in states around
the country could exacerbate the daily challenges and stigma experienced by
LGBTQ children, and deny same-sex couples and LGBTQ parents the ability to provide
needed foster or adoptive care services to vulnerable
children because of a state agency's ability to discriminate against certain people under the guise of "religious freedom." Therefore, it is fitting and proper for this House to condemn the enactment of South Dakota Senate Bill 149.
