Montana Passes Law Protecting Faith-Based Adoption, Foster Agencies

The Introduction of a New Law in Montana Sparks Debate on Religious Freedom in Adoption

Montana has recently enacted legislation designed to safeguard the rights of faith-based adoption and foster care agencies, alongside parents, from discrimination related to religious beliefs on sexuality. This move has stirred debate over the implications for religious freedom and LGBTQ rights.

House Bill 655, signed by Republican Governor Greg Gianforte, aims to prevent the state from discriminating against individuals or organizations involved in adoption and foster care due to their religious convictions. Specifically, it states that the state “may not take a discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person … has provided or declines to provide an adoption or foster care service or related service based on or in a manner consistent with the person’s sincerely held religious belief.”

This legislation also notes that “the state government may not take a discriminatory action against a person whom the state grants custody of a foster or adoptive child or who seeks from the state the custody of a foster or adoptive child wholly or partially on the basis that the person guides, instructs, or raises a child or intends to guide, instruct, or raise a child based on or in a manner consistent with the person’s sincerely held religious belief.”

Furthermore, it allows for the consideration of religious alignment when placing children, stating that “the state government may consider whether a person shares the same religion or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religion or faith tradition.”

This legislative action takes place against a backdrop of policies in various states and by the Biden administration that aim to prevent discrimination based on sexual orientation and gender identity in foster care and adoption. These policies have faced legal challenges from Christian groups who feel marginalized due to their beliefs.

Greg Chafuen from the Alliance Defending Freedom praised the bill’s passage, saying, “Every child deserves a loving home that can provide them stability and opportunities to grow. The sad reality is that in some states, the government can discriminate against people of faith, allowing vulnerable children to suffer.” He commended Montana for taking steps to “prohibit state and local government officials from discriminating against adoption and foster care providers and parents simply because of their religious beliefs and moral convictions.”

Montana’s new law references a significant U.S. Supreme Court ruling from 2021, which unanimously decided that Philadelphia could not exclude a Catholic charity from its foster program due to its refusal to place children with same-sex couples, citing religious beliefs. Chief Justice John Roberts noted, “Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature.”

Opposition to this legislation was voiced by Democrat state Sen. Jonathan Windy Boy, who drew parallels between the bill and historical abuses at church-run residential schools for Native Americans. “A lot of those kids had no choices,” Windy Boy remarked, as reported by The Daily Montanan. He questioned whether this bill would perpetuate a system of abuse.

The bill passed the Montana Senate with a 29-21 vote after previously clearing the Montana House of Representatives with a 59-40 vote. Republican Sen. Theresa Manzella, a sponsor of the bill, expressed understanding towards the opposition, stating, “To those of you who are in opposition to it, I’m sorry. I wish you knew the Jesus Christ that I know, because he would never abandon, or abuse, or hurt children.”