LGBTQ advocates decry Iowa Senate bill protecting foster parents' religious beliefs
Marissa Payne- The Iowa Senate passed a bill that would bar foster parents from having to accept policies conflicting with their moral or religious beliefs about gender identity and sexual orientation.
- Supporters argue the bill safeguards religious freedom, while LGBTQ advocates fear it could allow discrimination against LGBTQ youth in foster care.
- Critics express concerns that the bill could lead to the placement of LGBTQ youth in unsupportive environments or expose them to practices like conversion therapy, which is widely discredited.
- The legislation allows for legal action against the Iowa Department of Health and Human Services if the bill's provisions are violated, raising concerns about potential lawsuits and a chilling effect on providers.
Foster parents would not have to accept policies that conflict with their "sincerely held moral and religious beliefs" related to gender identity and sexual orientation under a bill that passed Tuesday in the Iowa Senate.
LGBTQ advocates fear the bill would allow discrimination against youth in foster care and permit the discredited practice of "conversion therapy" on LGBTQ children, while supporters say the measure protects religious freedom for current and prospective foster parents.Senate File 473 passed the Senate in a 35-14 vote, with Sen. Mike Zimmer, D-DeWitt, joining Republicans to support the bill.
The Iowa Department of Health and Human Services would be barred from requiring a licensed foster parent affirm, accept or support a policy related to sexual orientation or gender identity that conflicts with the foster parent’s "sincerely held moral and religious beliefs."
Sen. Sandy Salmon, R-Janesville, said the bill does not apply a single religious belief upon any prospective foster parent or child in foster care.
"It ensures Iowa HHS does not adopt future policy that may discriminate against certain individuals solely based on their sincerely held religious or moral beliefs," Salmon said. "Any willing and able family applying to be a foster parent or to adopt will not face a requirement to comply with policy guidelines or to affirm sexual orientation, gender identity that conflicts with the person's sincerely held religious or moral beliefs."
Zimmer said Iowa does not have enough prospective foster parents to meet the level of need, and he felt parents' religious beliefs should be recognized.
"I do not want to deny any parent that wants to take on that responsibility that option," Zimmer said. "The piece that I really, really feel honed on: Where is the respect for the child that they're not placed with an incompatible family? … That was my struggle of going through this."
Sen. Sarah Trone Garriott, D-West Des Moines, said LGBTQ youth are overrepresented in the foster care system, and so HHS and service agencies have a duty to check in with foster parents and youth to ensure a placement is a good fit and provides a safe environment for the child.
"I'm very concerned that this legislation is threatening in a way that will prevent us from acting in the best interests of not only the kids, but also the foster parents who are stepping up to this important role," Trone Garriott said.
Critics fear bill could expose LGBTQ youth in foster care to discrimination
Under the legislation, individuals could not be disqualified from being a foster parent based on their "sincerely held religious or moral beliefs related to sexual orientation or gender identity," including their intent to "raise a child in a manner consistent" with these beliefs.
Sen. Molly Donahue, D-Cedar Rapids, said there are concerns that organizations such as One Iowa have raised that LGBTQ youth could be placed in environments where they are not supported or would be subjected to practices such as "conversion therapy," a practice widely discredited by healthcare professionals that seeks to change a person’s sexual orientation or gender identity.
"This bill could lead to discrimination against the LGBTQ children in the foster system by allowing foster parents to adhere to their personal beliefs that may not affirm those identities," Donahue said.
The bill states that it shall not be interpreted to preclude HHS or a designee from considering the "sincerely held moral and religious beliefs" of a child and their family of origin compared with that of a potential foster care provider when determining an appropriate placement for the child "consistent with the best interests of the child."
Still, Donahue said opponents of the legislation "remain concerned with the emphasis of accommodating just the foster parent's beliefs" and fear that could overshadow the needs of LGBTQ youth in foster care.
Democrats fear a 'chilling effect' by allowing lawsuits against HHS for violating bill
The Iowa attorney general or a current or prospective child foster care provider could bring litigation against HHS for violating the bill.
Trone Garriott said this seemed to conflict with an Iowa law preventing state agencies from suing each other. State agencies are supposed to resolve disputes through arbitration.
Moreover, Trone Garriott said she was concerned this would invite more lawsuits against HHS and contracting foster care agencies, costing Iowa taxpayers and creating a "chilling effect" for providers.
"When folks are afraid of being sued, it causes them to really be uncertain about what they can and cannot do," Trone Garriott said. "And if we're going to make service providers or the department feel that they're going to be at risk, that they're going to face lawsuits, that they're going to have potential court challenge(s), they might avoid any conversation with foster parents and foster kids about some very important topics."
Salmon said parents' complaints would first come to HHS for the department director to address before an issue potentially results in litigation.
She said the bill does not prohibit communication from HHS with foster care families, and a foster care placement will remain consistent with the child's best interests.
"This bill does not restrict the department's ability to discuss sexual orientation or gender identity pertaining to fostering and adoption," Salmon said.
Marissa Payne covers the Iowa Statehouse and politics for the Register. Reach her by email atmjpayne@registermedia.com. Follow her on X, formerly known as Twitter, at @marissajpayne.