House to weigh protecting adoption agencies that don't give kids to gay couples

HB 1747 by Rep. Debbie Riddle, R-Spring : Relating to the prosecution of entry of a person into a public restroom designated for the opposite sex as disorderly conduct.

“A person commits an offense if the person [he] intentionally or knowingly…enters a public restroom that is designated by a sign for members of the opposite sex of the actor. For the purpose of Subsection (a)(12), a person ’s sex is the sex listed on the person ’s driver ’s license or personal identification card issued by this state or another state.” less HB 1747 by Rep. Debbie Riddle, R-Spring : Relating to the prosecution of entry of a person into a public restroom designated for the opposite sex as disorderly conduct.

“A person commits an offense if the ... more Photo: Image Source, Getty Images Photo: Image Source, Getty Images Image 1 of / 15 Caption Close House to weigh protecting adoption agencies that don't give kids to gay couples 1 / 15 Back to Gallery

AUSTIN -- The Texas State House is scheduled to consider legislation Tuesday that would protect faith-based welfare agencies that do not allow same-sex couples to adopt children or let foster parents give their children contraception.

The proposal, put forward by McKinney Republican Scott Sanford, would give welfare agencies that contract with Texas the right to sue -- and win damages of up to $10,000 -- if the state tries to force them to do something that would violate their religious beliefs.

"This would simply allow faith-based child welfare services to continue their current practices and to continue to operate," said Sanford, who argued that states that do not have similar protections have seen some agencies close or leave. "It is critical that these services remain."

Faith-based groups account for about a quarter of adoption placement agencies, Sanford said in an interview, adding he did not know how many of them do not allow same-sex couples to adopt.

The proposal is part of a movement to shield religious organizations amid uncertainly generated by a looming U.S. Supreme Court decision about the constitutionality of same-sex marriage bans. Already, Texas lawmakers have approved protections for clergy and houses of worship that refuse to marry a same-sex couple based on a sincerely held religious belief.

That measure, Senate Bill 2065, which was also sponsored by Sanford, made it out of the House on a 141-2 vote after minority Democrats dropped their opposition.

The latest move is expected to generate stronger criticism, however.

Civil rights group have been rallying opposition. On Monday, the group Equality Texas put out a statement saying the proposal "must be prevented" because "the only consideration of a child welfare agency should be the best interest of the child – not proselytizing for a single, narrow religious interpretation."

Sanford called criticism misleading, saying the proposal would not in any way change how many Texas children are currently adopted by same-sex couples.

"This is a shield, not a sword," said Sanford, repeating a line he said for Senate Bill 2065.

The debate Tuesday is also expected to mark the final time this legislative session that a hot-button social issue has taken over discussion of a bill to restructure a state agency. In this case, Sanford is planning to offer his proposal as an amendment to a bill to reform the state Department of Family and Protective Services.

Last month, consideration of a bill to overhaul the Department of State Health Services turned into a heated debate about abortion in cases of severe fetal abnormailty. And on Sunday, a Texas Health and Human Services Commission restructuring bill almost got sidetracked by proposals regarding end-of-life care.

It is unclear if Sanford's move will gain support on the House floor during what will be the final day for the lower chamber to pass most legislation. Much will depend on the thoughts of Rep. Cindy Burkett, R-Sunnyvale, the sponsor of the underlying bill, who declined comment Monday.

Attorney General Ken Paxton reportedly called some members Monday to push the proposal -- despite the liability it would create for the state. A spokesman for him could not immediately be reached.

Sanford said he was hopeful.

"We'll see what happens," he said.