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Texas Senate Passes Bill Protecting Faith-Based Foster, Adoption Agencies

Faith-based foster care and adoption agencies in Texas may now operate according to their religious convictions without fear of being dragged to court.

It follows the passage of House Bill 3859, also known as the "Freedom to Serve Children Act," Christian News Network reported.

The legislation is just awaiting the signature of Gov. Greg Abbott for its implementation.

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The bill prohibits the government from punishing any private child welfare organization for making child placement decisions based on its faith-based operating values.

The measure also provides protections for adoption agencies that enroll children in religious educational institutions, and those that refuse to provide referrals for abortion or contraceptives.

Critics fear the legislation may be used by adoption agencies to discriminate against unmarried couples, non-Christians and LGBT members.

The Human Rights Campaign (HRC) issued a statement on Sunday slamming the bill for being "bigoted" and "not considering the best interest of children."

"HB 3859 is a dangerous, discriminatory bill that shows the type of overarching anti-LGBTQ animus that is coloring so much of the Texas legislature this session," said National Field Director Marty Rouse.

"It is unconscionable that a bill would prioritize discrimination over the best interest of kids in the child welfare system," he added.

The Southern Baptists of Texas Convention, religious liberty organizations and conservative lawmakers have dismissed the criticism as unfounded, saying that the measure is an essential component of the much needed overhaul of Texas adoption and foster care system, the Baptist Press reported.

Rep. James Frank, R- Wichita Falls, the bill's author, has repeatedly denied accusations that the bill will prevent gays and lesbians from fostering or adopting or keep teenage girls from accessing abortion services and contraceptives.

"Nothing in 3859 will prevent or even add barriers to same-sex couples who desire to foster or adopt. Nothing," Frank told the Texan.

Supporters say the measure simply grants any private child welfare organization the right to make faith-based decisions without fear of punishment.

"This is really to give quick, clear certainty to providers so they can take care of children instead of fighting lawsuits," Frank said.

"My guess is if you have an LGBT agency they're going to pick an LGBT family, and if you have a Baptist agency they may be more likely to pick a Baptist family," he explained. "They're free to do that and should be free to do that."

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