109th CONGRESS
2d Session
H. R. 6209
To protect the religious freedom of providers of adoption or foster
care services.
IN THE HOUSE OF REPRESENTATIVES
September 27, 2006
Mr. ENGLISH of Pennsylvania (for himself, Mr. GREEN of Wisconsin, Mr. WILSON
of South Carolina, Mr. SOUDER, Mr. KENNEDY of Minnesota, Mr. GINGREY, Mr.
AKIN, Mr. MILLER of Florida, Mr. MCCOTTER, Mr. SAM JOHNSON of Texas, Mrs.
MUSGRAVE, and Mr. FORTUN.AE6O) introduced the following bill; which was
referred to the Committee on Ways and Means
A BILL
To protect the religious freedom of providers of adoption or foster
care services.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Religious Freedom for Providers of Adoption,
Foster Care, and Child Welfare Services Act'.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Constitution of the United States grants the Congress the power
to provide for the general welfare of the people of the United States,
and prohibits the enactment of laws that violate the freedom of religion
guaranteed by the First Amendment.
(2) Among the many ways that Congress provides for the general welfare
is by providing approximately $7,000,000,000 annually in Federal funds
to support the provision of foster care, adoption, and other child welfare
services to children and families in need of such services.
(3) One of the most important of these services is the placement of foster
or adoptive children with families who are capable of providing appropriate
care for these needy children.
(4) Religious organizations have played a longstanding role in the effective
provision of these services, especially placement services.
(5) Some State and local governments have in effect laws, policies, or
procedures under which licenses necessary for religious organizations
to provide foster care and adoption services are denied, or threatened
to be denied, unless these organizations violate their own religious principles
and beliefs and agree to place foster or adoptive children with couples
whose marriage is not recognized by Federal statute.
(6) These actions by State and local governments inhibit the religious
freedom of religious organizations that seek to provide these services,
by discriminating against them for providing these services in a manner
that does not violate their religious principles and beliefs.
(7) An appropriate and effective method of encouraging cooperation with
the Federal policy of supporting the provision of these services in a
manner consistent with the freedom of religion is to withhold Federal
funds from State or local governments who act in violation of this policy.
(8) Therefore, this Act provides for the withholding of Federal funds
for foster care and adoption assistance to States that restrict the freedom
of religious organizations to provide foster care and adoptive services
consistent with the fundamental religious beliefs and principles of these
organizations.
SEC. 3. PROTECTING RELIGIOUS FREEDOM OF ENTITIES THAT PROVIDE ADOPTION
OR FOSTER CARE SERVICES.
Section 474 of the Social Security Act (42 U.S.C. 674) is amended by adding
at the end the following:
`(g) Protecting Religious Freedom of Entities That Provide Adoption or Foster
Care Services- None of the funds made available to carry out this part may
be made available to a State or local government that discriminates against
any entity on the basis that--
`(1) the only couples to whom the entity provides adoption or foster care
services are couples united in marriage (as defined in section 7 of title
1, United States Code); or
`(2) the only individuals to whom the entity provides adoption or foster
care services are those whose conduct is in accordance with the religious
principles and practices of the entity.'.
END
