HB 2169 / SB 1738

This bill enacts the “Tennessee Foster and Adoptive Parent Protection Act,” which seeks to prohibit the department of children’s services (“department”) from doing the following:

(1) Requiring a current or prospective adoptive or foster parent (“parent”) to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs;

(2) Denying a parent’s eligibility to foster or adopt based, in whole or in part, upon the parent’s sincerely held religious or moral beliefs regarding sexual orientation or gender identity; and

(3) Establishing or enforcing a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent’s sincerely held religious or moral beliefs regarding sexual orientation or gender identity. However, such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.

While we would support what we believe to be the intent of this bill (protect the religious liberty of a traditional family from progressive gender ideologies), it is a poorly constructed attempt and in our opinion, serves to accomplish the opposite.

SECTION 1 § 37-6-102(a) reads:

“The department of children’s services shall not require a current or prospective adoptive or foster parent (“parent”) to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs.”

Here are the concerns with how we read this:

1. The government may or may not create a policy that affirms non-traditional family structures and the acceptance of gender fluidity within the foster care system.
2. The government may or may not create a policy that affirms a traditional and biblical view of the family and restrict some foster parents who do not share those values from participating.
3. Some foster parents may hold “religious” or “moral” beliefs that do not align with biblical values or a traditional family model in which case would give these foster parents a cause of action against the state of Tennessee should policies be adopted to the contrary.

In short, this bill would give potential homosexual or non-binary foster parents the right to sue the state of Tennessee on religious or moral grounds should the state promulgate a rule that would prohibit their participation in the foster care system.

We cannot support such a poorly constructed bill that has the potential of adverse consequences to its intention.