Should Adoption Agencies Be Able to Refuse LGBTQ+ Couples?

2020 PRESIDENTIAL ELECTION SITE

Last updated on: 7/23/2020 12:41:59 PM PST

While LGBTQ+ people and families can adopt in all 50 states, some states allow private, sometimes religious, adoption agencies to refuse LGBTQ+ people and couples.

Source: American Adoptions, "LGBTQ Adoption: Can Same-Sex Couples Adopt?," americanadoptions.com (accessed July 22, 2020)

Pro

Jorgensen

Trump

Con

Biden

Not Clear or Not Found

Hawkins

Pro (Yes)

Pro

Jorgensen
Libertarian

"Yes.

We need as many children as possible to find loving homes, and LGBTQ individuals can and do provide those ‘forever families’ for children. At the same time, freedom of association is a sacred right that is as guaranteed by the First Amendment, and must not be abridged.

As President, I will fully support LGBTQ adoption and parenthood, and remove all federal barriers that have made a mess of the adoption process. But I would stop short of forcing private or religious adoption agencies to change their policies. I also support the rights of LGBTQ-supportive agencies to refuse to let bigoted or discriminatory couples adopt."

Source: Communication from the Jorgensen campaign to ProCon.org on Sep. 8, 2020.

Pro

Trump
Republican

Source:

[Editor's Note: The Trump administration's Justice Department filed an amicus brief with the Supreme Court in support of the religious nonprofit adoption agency Catholic Social Services in Fulton v. City of Philadelphia. The adoption agency barred same-sex couples from adoption, which the City of Phildelphia argued was in violation of the city's non-discrimination ordinances and stopped referring children to the agency. The Justice Department wrote, "“Philadelphia has impermissibly discriminated against religious exercise" and the actions of the City “reflect unconstitutional hostility toward Catholic Social Services’ religious beliefs.”

Source: Aaron Reich, "Trump Administration Argues Adoption Orgs. Allowed to Refuse LGBT Couples," jpost.com, June 7, 2020]

Con (No)

Con

Biden
Democrat

"Along with the freedom to marry comes the freedom to build a family. Biden believes that LGBTQ+ people and same-sex couples should be able to build and protect their families. Yet many government-funded foster care and adoption agencies still discriminate against LGBTQ+ families or place additional burdens on these families during the foster care or adoption process. Similarly, these agencies often put LGBTQ+ youth in care at risk by failing to place them with safe and affirming families. In November 2019, the Trump-Pence Administration proposed a rule that will permit adoption and foster care agencies that discriminate against LGBTQ+ families to receive government funding. As President, Biden will repeal the rule, if implemented, and work to ensure that qualified families are not discriminated against based on sexual orientation, gender identity or expression, sex, marital status, disability, or religion and that child welfare agencies put the interests of children first, including those who are LGBTQ+."

Source: Joe Biden, "The Biden Plan to Advance LGBTQ+ Equality in America and around the World," joebiden.com (accessed July 20, 2020)

None Found

Hawkins
Green

No position found as of July 24, 2020.

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