PHOENIX — Gov. Doug Ducey has signed Senate Bill 1399, which prohibits the state from taking discriminatory action against an adoption agency on the basis of religion.
The Republican-sponsored bill claims to protect the interest of foster children and parents and the religious freedoms of faith-based agencies from discrimination.
But advocates against the bill have argued the opposite. And say, if passed, it could be potentially harmful to Arizona foster parents and children in the LGBTQ+ community.
“This is a way to basically put the needs of religious communities above the needs of the LGBTQ community, of other minorities communities," said President and CEO of Arizona Children's Association (ACA), Jacob Schmitt. "Including minority religious communities.”
The ACA was founded in 1912 and is considered the state's first adoption agency, currently serving more than 40,000 families across the state.
“The fear is that if this passes, we are going to add a lot more trauma,” said Schmitt, creating additional trauma to an already vulnerable population.
'This bill will impact my family'
Dawn Wallschlaeger and her wife have fostered and adopted kids in the valley for more than two decades.
“There has always been a calling,” said Wallschlaeger. “We shared passion in fighting for those that can’t fight for themselves, that don’t have a voice.”
Both are part of the LGBTQ+ community as well as caring for kids like their child Skylar who identifies as trans and was placed in 19 different homes before coming to live with them.
"Skylar was very clear about how this bill would impact them," said Wallschlaeger. "Their very first foster placement forced them to go to church that restricted the books they could read, or clothes they could wear, it was traumatic."
The argument for the bill
Sponsors of Senate Bill 1399 claim there is needed protection in Arizona for both children and the religious freedoms of faith-based agencies by prohibiting discrimination against faith-based agencies in adoption and foster care placement.
However, in a February 9 Senate hearing for the Health and Human Services Committee, a lawyer representing the Alliance Defending Freedom (ADF), and organization determined to be an anti-LGBTQ hate group in 2016 by the Southern Poverty Law Center (SPLC) failed to bring up any examples of faith-based discrimination against children or faith-based adoption agencies in Arizona. “Madam Chair, Senator Gonzales, to date I haven’t heard of one,” said Greg Chafuen, legal counsel for ADF.
The argument for the bill points to other states where cities decided not to contract with religious-based foster care and adoptive views on the LGBTQ+ community, and that states have folded to pressures to exclude organizations that hold true to cis straight sexual norms.
The argument against the bill
“There’s no need for this bill, there are already protections in place," said Schmitt. "There are 25 different agencies in Arizona that are licensed to provide foster care that are religious. So there are options for people who hold the same beliefs."
“I’m so confused about how it has any merit of this fear that religious rights are at risk,” said Wallschlaeger.
12 News reached out to Arizona Republican State Senator Sine Kerr who sponsored the SB 1399 and State Senator Nancy Barto who co-sponsored the bill.
Both were unable to comment.
Advocates against the bill include:
- American Atheists
- American Civil Liberties Union of Arizona
- Americans United for Separation of Church and State
- Anti-Defamation League, Arizona
- Arizona Chapter of the American Academy of Pediatrics
- Arizona Council of Human Services Providers
- Arizona Faith Network
- Arizona Jews for Justice
- Arizona’s Children Association Children’s Action Alliance
- Coconino Coalition for Children and Youth
- Equality Arizona
- Family Equality
- GLSEN Phoenix
- Human Rights Campaign
- Jewish Community Relations Council of Greater Phoenix
- Lambda Legal
- Movement Advancement Project
- National Association of Social Workers, Arizona Chapter
- National Council of Jewish Women, Arizona
- William E. Morris Institute for Justice
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