American Atheists Joins 125 National Organizations to Oppose Religious Discrimination in Foster Care and Adoption

CRANFORD, New Jersey, July 22 -- American Atheists issued the following news:

Today, American Atheists joined 125 national organizations to urge Secretary of Health and Human Services Alex Azar to stop considering any proposed regulation that would allow taxpayer-funded foster care and adoption agencies to discriminate in the name of religion.

"Ensuring that taxpayer-funded child placement agencies abide by nondiscrimination laws is not hostile to religion. Turning away people seeking to engage in government-funded services because they fail a religious test is," said the letter, signed by American Atheists and other members and allies of the Coalition Against Religious Discrimination (CARD).

In January, the Department of Health and Human Services (HHS) used a gross misinterpretation of the Religious Freedom Restoration Act (RFRA) to allow South Carolina foster care agencies to discriminate against prospective volunteers and parents who are Catholic, Jewish, Unitarian Universalist, and atheist.

South Carolina's discriminatory policy harms children by reducing the number of qualified foster and adoptive parents able to provide them a permanent home.

CARD cautioned HHS against using the same flawed analysis of RFRA to justify expanding SC's exemption to the rest of the country; a nationwide license-to-discrimate would harm even more of the 400,000 children in the foster care system and the over 100,000 children who are waiting to be adopted by a forever family.

"The government should never fund religious discrimination, especially when it is vulnerable children who will pay the price," said American Atheists and the other signatories.

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The Coalition Against Religious Discrimination

July 22, 2019

Alex Azar, Secretary, U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Washington, DC 20201

Dear Secretary Azar:

We, the undersigned members and allies of the Coalition Against Religious Discrimination (CARD), write to express our opposition to any rules the Department of Health and Human Services (HHS) may propose that would exempt federally funded foster care and adoption agencies across the country from the religious nondiscrimination protections provided under 45 CFR Sec. 75.300(c)./1 Paradoxically, the exemption would use the concept of religious freedom as a justification for taxpayer-funded religious discrimination.

CARD is a broad and diverse group of organizations formed in the 1990s to monitor legislative and policy changes impacting government partnerships with religious and other nonprofit organizations and, in particular, to oppose government-funded religious discrimination. Our coalition members appreciate the important role religiously affiliated and other community-based institutions historically have played in addressing many of our nation's most pressing social needs, as a complement to government-operated programs; indeed, many members of CARD are directly involved in this work. We also recognize that the separation of church and state is the linchpin of religious freedom. In our view, effective government collaboration with faith-based groups does not require the sanctioning of federally funded religious discrimination.

In January, HHS used a gross misinterpretation of the Religious Freedom Restoration Act (RFRA) to justify exempting South Carolina foster care agencies from 45 CFR Sec. 75.300(c). HHS should not use the same flawed analysis to justify a nationwide exemption. RFRA does not require the government to allow taxpayer-funded child placement agencies to turn away potential parents and volunteers who cannot meet their religious test. For example, Miracle Hill Ministries, the agency whose policy led to HHS granting a statewide exemption in South Carolina, turned down prospective volunteers and parents who are Catholic, Jewish, and Unitarian Universalist because they did not meet its religious requirements. This discriminatory policy harms children and parents and threatens core civil rights and religious freedom protections. The government should never fund religious discrimination, especially when it is vulnerable children who will pay the price.

An Exemption Would Harm Children and Parents

Children in foster care have been entrusted to the state for care, stability, and safety. Adoption and foster care agencies that accept government funds to serve these children have a duty to act in the best interests of each child. Using a religious litmus test to reject qualified and caring parents who want to foster and adopt, however, makes it even more difficult for these children to find a loving home. Indeed, a religious test reduces the number of qualified foster and adoptive parents who are able to open their homes to these children. We cannot allow the religious beliefs of a government-funded agency to override the best interest of our most vulnerable children.

In addition, an exemption would clearly harm potential parents who are rejected from the government program. No qualified parent should be denied the opportunity to provide a loving home to children in need because they are the "wrong" religion.

An Exemption Would Harm Religious Freedom

Some of us were members of the Coalition for the Free Exercise of Religion, which led the effort to persuade Congress to enact RFRA; yet, we all agree that using RFRA to create a blanket exemption to nondiscrimination protections is an inappropriate use of the law. RFRA was meant to be a shield to protect religious freedom, not a sword to sanction discrimination against others. Regulations based on RFRA would turn the original promise of the law on its head--they would use RFRA to disqualify individuals from participating in government programs solely because of their religion. Under this harmful policy, HHS would ignore the state's compelling interest in acting in the best interest of children in its care and in not discriminating against potential parents and volunteers because of their religion.

Religious freedom, which is a core American value, requires that those who perform government services must serve everyone, regardless of religion. Ensuring that taxpayer- funded child placement agencies abide by nondiscrimination laws is not hostile to religion--turning away people seeking to engage in government-funded services because they fail a religious test is.

Because an exemption will harm children and families and violate our nation's fundamental protections for religious freedom, we urge you to end consideration of any proposed regulations.

Sincerely,

African American Ministers In Action

African Methodist Episcopal Church

AIDS United

Alliance of Baptists

American Atheists

American Civil Liberties Union

American Conference of Cantors

American Federation of State, County and Municipal Employees (AFSCME)

American Federation of Teachers

American Humanist Association

Americans United for Separation of Church and State

Anti-Defamation League

Arab American Institute

Athlete Ally

B'nai B'rith International

Baptist Joint Committee for Religious Liberty

Bend the Arc: Jewish Action

BPFNA ~ Bautistas por la Paz

Catholics for Choice

Center for American Progress

Center for Reproductive Rights

Center for the Study of Social Policy

CenterLink: The Community of LGBT Centers

Central Conference of American Rabbis

Child Welfare League of America

Children's Defense Fund

Children's Home Society of America

Children's Rights

Clearinghouse on Women's Issues

Congregation of Our Lady of the Good Shepherd, US Provinces

Dave Thomas Foundation for Adoption

DignityUSA

Disciples Center for Public Witness

Disciples Justice Action Network

The Episcopal Church

Equal Partners in Faith

Equality Federation

Family Equality Council

Feminist Majority Foundation

FORGE, Inc.

Foster America

Foster Impact

Franciscan Action Network

Freedom for All Americans

GLBTQ Legal Advocates & Defenders (GLAD)

GLMA: Health Professionals Advancing LGBTQ Equality

Global Faith and Justice Project

Global Justice Institute, Metropolitan Community Churches

GLSEN

Healthy Teen Network

Hindu American Foundation

Human Rights Campaign

Interfaith Alliance

Japanese American Citizens League

Jewish Council for Public Affairs

The Jewish Federations of North America

Jewish Women International

Juvenile Law Center

Keshet

Lambda Legal

The Lavender Effect

The Leadership Conference on Civil and Human Rights

Men of Reform Judaism

Methodist Federation for Social Action

Military Association of Atheists & Freethinkers

MomsRising

Movement Advancement Project

Muslim Advocates

Muslims for Progressive Values

NAACP

NARAL Pro-Choice America

National Advocacy Center of the Sisters of the Good Shepherd

National Asian Pacific American Women's Forum (NAPAWF)

National Association of Counsel for Children

National Association of Social Workers

National Black Justice Coalition

National Center for Lesbian Rights

National Center for Transgender Equality

National Center on Adoption and Permanency

National Congress of Black Women, Inc.

National Council of Churches

National Council of Jewish Women

National Council on Independent Living (NCIL)

National Crittenton

National Employment Lawyers Association

National Equality Action Team (NEAT)

National Health Law Program

National LGBTQ Task Force Action Fund

National Network for Youth

National Organization for Women

National Partnership for Women & Families

National Trans Bar Association

National Women's Health Network

National Women's Law Center

NETWORK Lobby for Catholic Social Justice

Network of Jewish Human Services Agencies

New Ways Ministry

North American Council on Adoptable Children

People For the American Way

PFLAG National

Planned Parenthood Federation of America

Population Connection Action Fund

Presbyterian Church USA, Washington Office of Public Witness

Public Justice Center

Reconstructing Judaism

Reconstructionist Rabbinical Association

Religious Coalition for Reproductive Choice

Religious Institute

Secular Coalition for America

Secular Policy Institute

Sexuality Information and Education Council of the United States (SIECUS)

Sikh Council on Religion and Education (SCORE)

Southern Poverty Law Center

T'ruah: The Rabbinic Call for Human Rights

True Colors Fund

Union for Reform Judaism

Unitarian Universalist Association

United Church of Christ, Justice and Witness Ministries

The United Methodist Church -- General Board of Church and Society

Uri L'Tzedek: Orthodox Social Justice

Voice for Adoption

Witness to Mass Incarceration

Women of Reform Judaism

YATOM: The Jewish Foster & Adoption Network

Youth Dynamics, Inc.

Footnote:

1./ Sam Baker and Jonathan Swan, Scoop: Trump's Plan to Let Adoption Agencies Reject Same-Sex Parents, Axios (May 24, 2019).