Texas bill allowing adoption agencies to decline applications from same-sex couples heads to governor's desk

A bill that would allow faith-based adoption agencies to decline the adoption applications of same-sex couples is now headed to the desk of Texas Gov. Greg Abbot after it was passed by the Senate on Monday.

The state senators voted 21–10 to approve House Bill 3859, also known as the Freedom to Serve Children Act, which prohibits the government from punishing faith-based adoption and foster care providers from operating in accordance with their religious beliefs.

The Stream reported that one Democrat joined Republicans in voting for the legislation, while the remaining 10 opposed it. The Texas House passed its version of the bill on May 10 by a vote of 93–49.

Rep. James Frank, a Republican who co-authored the measure, predicted that it would be signed by the governor within the next 60 days.

"I am obviously very excited about it passing the Senate, and I fully expect ... that Governor Abbott will sign it and it will be law, and we'll have, I hope, more people serving and free to serve children in the state of Texas," he said.

Frank and other proponents of the bill contended that it is intended to prevent faith-based organizations from being forced to violate their beliefs.

The measure would protect the agencies that decline to serve same-sex couples or other parties from legal actions and threats of closure for operating in accordance with their religious beliefs. It allows the agencies to refer would-be clients to other organizations that have no faith-based reasons to turn away applicants.

The legislation also protects agencies that intend to enroll children in religious educational institutions, as well as those who refuse to provide abortion referrals.

The Human Rights Campaign opposed the measure, saying it is bigoted and does not consider the best interest of children.

"HB 3859 is a dangerous, discriminatory bill that shows the type of overarching anti-LGBTQ animus that is coloring so much of the Texas legislature this session," National Field Director Marty Rouse, as reported by Christian News Network.

"This 'Slate of Hate' that the Texas legislature has made a priority harms LGBTQ Texans. It is unconscionable that a bill would prioritize discrimination over the best interest of kids in the child welfare system, but Texas lawmakers have done just that," he added.

Frank has previously stated that the bill does not take away anyone's rights. He explained that the measure only allows the adoption agencies to decline services based on their religious beliefs, but it does not allow them to "proactively do something" because of such beliefs.