Arkansas Defends Religious Freedom in Adoption Process with New Law
Arkansas Gov. Sarah Huckabee Sanders signed a new bill into law that prohibits the state government from requiring faith-based adoption and foster care organizations to place children in homes that contradict their religious or moral beliefs. House Bill 1669, or the Keep Kids First Act, prohibits state officials from forcing faith-based organizations to "perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the private child placement agency's sincerely held religious or moral beliefs."
According to The Christian Post, the government is also prevented from taking action against a foster parent or adoptive parent due to their religious convictions or "[r]efusal to accept or support any government policy regarding sexual orientation or gender identity that conflicts with" their "sincerely held religious beliefs."
"The state government shall not establish or enforce any per se standard, rule, or policy that precludes consideration of a current or prospective foster or pre-adoptive parent for any particular placement based in whole or in part on the person's sincerely held religious beliefs regarding sexual orientation or gender identity," HB 1669 continued.
Alliance Defending Freedom, a nonprofit religious liberty law firm, celebrated the bill as it prioritizes the well-being of children and promotes religious freedom.
"Every child deserves a loving home that can provide them stability and opportunities to grow. Yet other states have put politics over people by excluding caring families and faith-based adoption and foster care organizations from helping children find loving homes," said ADF Senior Counsel Greg Chafuen in a statement last Friday.
"Thankfully, Arkansas has taken the critical step to pass HB 1669, the Keep Kids First Act, which prioritizes 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."
However, the American Civil Liberties Union, a prominent progressive law firm, argued that the law enshrines discrimination against LGBTQ individuals and couples.
"This harmful legislation would codify the exclusion many LGBTQ individuals and couples already face when trying to foster or adopt," the ACLU of Arkansas said in a statement.
"Instead of enshrining discrimination into law, our state should be working to ensure that every child in Arkansas has the opportunity to grow up in a safe, loving home. HB 1669 prioritizes prejudice over the best interests of children and undermines efforts to provide stable, affirming families for those in need."
In recent years, the debate has arisen when it comes to Christian charities working with government agencies and whether these charities are to follow anti-discrimination laws regarding gender identity and sexual orientation.
In the 2021 Fulton v. City of Philadelphia Supreme Court case, the nation's high court unanimously ruled that Catholic Social Services (CSS) could not be ousted from Philadelphia, Pennsylvania's foster program because the agency would not place children with same-sex couples.
"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 for the court 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."
Photo Credit:©Getty Images/fstop123
Originally published April 15, 2025.
