As I was searching the internet for information on present day policies in the news I came across a very interesting title that caught my eye right away. The title of the article that grabbed my attention is Tennessee OK’s Anti-LGBTQ Discrimination in Adoption. Overall, the article discusses how the governor of Tennessee, Bill Lee, signed the discriminatory adoption bill into law. This means that any faith based adoption and foster care agencies in the state of Tennessee can turn away same sex couples and other prospective parents who violate the agencies’ religious beliefs. As I was reading this article, another aspect that stood out to me is that eight other states have similar laws, with West Virginia still pending on the law. This article had me very intrigued and I am glad that I decided to read the entire article.
This article mainly caught my attention because I want to go into the adoption field with my degree. Reading this article actually disgusted me and infuriated me. Reading more and more into it I could not help but agree with what a lot of the individuals who oppose this bill were stating. One of these individuals, the Human Rights Campaign President Alphonso David, was expressing that with “this bill will do nothing to improve the outcomes for children in care, it shrinks the pool of prospective parents and is a blatant attempt to discriminate against LGBTQ Tennesseans.” I could not agree more with this statement made by Alphonso David. It does limit the amount of prospective parents and will eventually lead to an increasing number of children in care. What I do not understand is why they feel like LGBTQ parents would not be a deem-able fit to be parents to children that need a good home. Alphonso David also stated “These legislators are disregarding the best interests of kids in the child welfare system to create a ‘license to discriminate’ against qualified, loving prospective parents.” After reading that statement, it got me to thinking about how LGBTQ parents have just as much love to give and just as much the possibility to provide a wonderful life to a child as a heterosexual couple. Another point that was made in this article is that by allowing faith-based discrimination against the LGBTQ adoptive parents, this law is limiting the pool of potential parents. By allowing this law, agencies can even discriminate to refuse to place these children with close relatives who are LGBTQ or of a different faith than the agency believes in. This bill that is being passed as a law is only harming the children. A statement made by the Rev. Stan J. Sloan, the CEO of Family Equality, “If the bill is signed into a law, Tennessee will join a small group of states that have broken the cardinal rule of child welfare-that the needs of children should come first.” When I think about this statement, it really upsets me how some people can be so against LGBTQ and other religious beliefs that they would put children’s needs below these hateful feelings. In my opinion, if you are going to act this way towards these groups of people, you need to find a different line of work. The individuals that suffer the most from this bill are the vulnerable children, and that is not fair to them. It is also not fair to discriminate against these groups of people.
After reading this article and trying to let my brain process all of this absurd information, it made me that much more determined to try and change some aspects of child welfare. As I want to work on adoption cases when I earn my degree and start working in the field, I am getting a first look into what I may be dealing with. This article has made me want to change some aspects of the child welfare system but it also makes me nervous to see what the system is going to be like in a year or so when I do start working in the system. Is the system going to be even more beyond repair to where it may be a lost cause? I have always told myself that “I know I can’t change the whole world, but if I can change the life of just one individual, I will consider myself successful.” Overall, this article infuriated me, but it also made me that much more determined to start working on the child welfare system.
First, I agree that it’s infuriating that people have such prejudices and will be allowed to base decisions on placement using these prejudices to discriminate against potential parents. Any argument that homosexual or queer parents are by nature of their sexual relationships or identities unfit parents isn’t supported by evidence, because even if this were generally true, the adoption agencies could still screen adoptive parents and use valid reasons related to actual unfitness rather than using sexual orientations and identities as a determining factor.
But, for the sake of enhancing our critical thinking, let’s consider the possible motives.
One possibility is that these adoption agencies have people who dislike LGBTQ, and they are motivated by hatred and a desire to harm the LGBTQ parents who would like to have children through adoption. Another possibility is that they want the “best interests of the child” and believe that any child that grows up in a household headed by LGBTQ will be harmed in some way, and the harm that the child suffers as a result of being in a family with LGBTQ parents is greater than the harm the child suffers if they are must wait longer to find an adoptive family. This would raise empirical questions: how much longer would children have to wait if LGBTQ adoptive parents weren’t allowed to adopt from some agencies? If the discrimination is only allowed in regions where at least agency does not discriminate, would all potential LGBTQ adoptive parents go to the agency that didn’t discriminate against them, and would that remove all harm children would suffer by needing to wait longer for adoptive parents (because there would be no increase in waiting time)? What moral principle would a person claim justifies this sort of bill? I understand that freedom of thought and religious belief is a very fundamental value, and would that freedom of religious expression be damaged by any policies that forced religious groups to allow children in their custodial care to be adopted out to families that were LGBTQ, or atheist, or non-Christian, or “immoral” according to some peculiar religious teachings of the sect operating the child welfare agency (e.g., interracial marriages?)
But, what if we aren’t so much concerned with the violation of the religious rights of those family welfare agencies, but the religious groups operating them said they would shut down if they weren’t allowed to discriminate against parents who weren’t “spiritually worthy” in some sense (were atheist or LGBTQ or whatever). That would raise questions about harms to children arising from the new decrease in supply of child welfare agencies providing services.
If our priority is the well-being of the children, I could imagine a situation where religious child welfare organizations could extort from me approval for a bill allowing them to discriminate. This could happen if: 1) the agencies were doing a lot of help to a lot of children in foster care, and were very successful in placing many children in homes of people the agencies considered spiritually “worthy” (e.g., straight, religious, racially homogenous, and Christian); 2) there was in the same region an agency that did not discriminate against prospective adoptive families based on their “spiritual” condition (e.g., was happy to place children with LGBTQ, atheist, interracial, and non-Christian adoptive parents); 3) the religious agency would cease its operations if it was not allowed to discriminate; 4) there was no plausible alternative possibility of non-discriminatory agencies to take up the increase in demand for chid welfare services if the religious groups closed their child welfare services; 5) there was evidence that if the religious child welfare was forced to not discriminate, and therefore reacted by closing down operations, children awaiting adoption would face much longer waits and placements in areas much further away. If all those five conditions were met, I think I might regretfully allow some agencies to discriminate, because it would be a way to avoid harm to the children.
The article did not give us enough information to understand if the government in Tennessee was going to pass the law because failing to do so would cause a collapse in the provision of child welfare services in their state. Were the child welfare services and adoption services in Tennessee highly dependent on private religious organizations that were threatening to close their doors if they were not permitted to discriminate? Were there other private child welfare organizations that could place children with LGBTQ parents, so that there would be no delays in adoptions, but where those non-discriminatory agencies unable to take up the service demand if all the discriminatory private agencies ceased providing services? I wanted to know those, so I could know if this was an entirely ridiculous case of politicians conceding to demands from ignorant citizens to implement stupid policies, or whether this was a case of politicians genuinely concerned about religious freedom and making a pragmatic decision to accommodate some people for the sake of maintaining an adequate level of services to children in foster care and awaiting adoption.
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