Montana has passed a new law that aims to protect parents and faith-based foster and adoption agencies from being discriminated against because of their religious beliefs on sexuality.
Known as House Bill 655, the measure was signed into law last week by Gov. Greg Gianforte, a Republican.
Under the law, the state “may not take a discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person … has provided or declines to provide an adoption or foster care service or related service based on or in a manner consistent with the person’s sincerely held religious belief.”
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“[T]he state government may not take a discriminatory action against a person whom the state grants custody of a foster or adoptive child or who seeks from the state the custody of a foster or adoptive child wholly or partially on the basis that the person guides, instructs, or raises a child or intends to guide, instruct, or raise a child based on or in a manner consistent with the person’s sincerely held religious belief,” read HB 655.
“The state government may consider whether a person shares the same religion or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religion or faith tradition.”
The legislation comes as some states, localities and even the Biden administration have enacted policies over the last several years to prohibit discrimination based on sexual orientation and gender identity in foster care and adoption, which have faced legal pressure from Christian organizations who believe they have been discriminated against over their beliefs on sexuality and gender.
Greg Chafuen of the Alliance Defending Freedom, a conservative law firm that specializes in religious freedom cases, celebrated the news of the bill being signed into law.
“Every child deserves a loving home that can provide them stability and opportunities to grow. The sad reality is that in some states, the government can discriminate against people of faith, allowing vulnerable children to suffer,” Chafuen stated.
“Thankfully, Montana has taken critical steps to prioritize the well-being of kids by prohibiting state and local government officials from discriminating against adoption and foster care providers and parents simply because of their religious beliefs and moral convictions.”
Montana’s new law cites the unanimous 2021 ruling from the U.S. Supreme Court that the city of Philadelphia could not exclude a Catholic charity from its foster program because the organization wouldn’t place children with same-sex couples in accordance with religious beliefs. Plaintiff Sharronell Fulton fostered as many as 40 kids during her 25 years of working with Catholic Social Services.
“Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature,” wrote Chief Justice John Roberts in the majority opinion.
“The refusal of Philadelphia to contract with CSS for the provision of foster care services unless it agrees to certify same-sex couples as foster parents cannot survive strict scrutiny, and violates the First Amendment.”
Critics of the legislation included Democrat state Sen. Jonathan Windy Boy, a member of the Rocky Boy’s Chippewa-Cree tribe, who compared the bill to the abuse suffered by Native Americans at church-run residential boarding schools.
“A lot of those kids had no choices,” Windy Boy said while speaking against HB 655 on the floor, as reported by The Daily Montanan last month.
“The parents had no choices. But yet, at the same time, those kids were spanked, they were abused, mental abuse, physical abuse, sexual abuse. Is that the kind of system that we’re going to continue pushing into this era? I should hope not.”
The bill would nevertheless pass the Montana Senate last month in a vote of 29-21, having previously passed the Montana House of Representatives in a vote of 59-40 in March.
“To those of you who are in opposition to it, I’m sorry,” said Republican Sen. Theresa Manzella, one of the bill’s sponsors, reported the Montanan. “I wish you knew the Jesus Christ that I know, because he would never abandon, or abuse, or hurt children.”
