Dana Ferguson

dferguson@argusleader.com

PIERRE — A proposal to provide protections for religious or faith-based adoption agencies that deny child placement to unmarried or same-sex couples cleared a major hurdle Thursday in the House of Representatives.

That body passed Senate Bill 149 on a 43-20 on Thursday after amending the proposal to require religious agencies to clearly outline statements of faith. The bill, if senators approve of changes made by their peers in the House, will move to Gov. Dennis Daugaard's desk.

The measure's supporters, including faith-based private adoption agencies and religious groups, said the proposal was needed to preempt efforts to require private agencies to drop policies that help them determine which prospective parents can adopt children. Currently, about a dozen agencies in the state are able to create and use policies of their choice as they don't accept public funds for those services.

None of those agencies hold state contracts for adoption services, but some receive funding for other programs.

►Previously: Opponents say bill could bar same-sex adoption

Rep. Steven Haugaard, R-Sioux Falls, said the agencies play a crucial role in facilitating adoptions in the state and shouldn't face an ultimatum in the future that would give them a choice between dropping faith-based selection standards or losing state and federal funds for other programs like mental health care. He said other agencies would still provide adoption or foster care placement with same-sex couples.

"We're not excluding anyone from the possibility of adoption or foster care or anything else," Haugaard said. "There's no nefarious desire to circumvent anyone's civil rights."

Religious groups celebrated the bill's passage Thursday, while LGBT and civil liberties groups lamented its success and refocused their opposition campaigns toward the Republican governor.

Opponents said they worried approving the bill would open the door to allowing faith-based agencies to use placement policies at odds with state and federal anti-discrimination policies and would let them bid for state contracts.

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Rep. Dan Ahlers, D-Dell Rapids, said the state shouldn't approve a bill that could allow private groups with religious restrictions to benefit from state contracts and taxpayer dollars.

"When you adopt a policy to discriminate, no matter what basis that may be, you jeopardize all of that funding," he said.

The bill's supporters, however, maintained that the protecting the religious groups to keep them in South Dakota should be the Legislature's priority.

"You'd have to have your head in the sand if you didn't know that the religious liberties in this country are under attack. That's a fact," said Rep. Larry Rhoden, R-Union Center. "This bill is not about discrimination, it represents a safeguard against discrimination."

Daugaard on Thursday said he had not yet made up his mind on the bill. He said he would take time to consider testimony from both sides before signing or vetoing the bill.

Follow Dana Ferguson on Twitter @bydanaferguson, call (605) 370-2493 or email dferguson@argusleader.com