Testimony on SB 2188 - Adoption Agency Freedom to Serve
(House)
To: House Human Services Committee
From: Christopher Dodson, Executive Director
Subject: Senate Bill 2188 -- Child Placing Agencies
Date: March 3, 2003
I am Christopher Dodson, the executive director of the
North Dakota Catholic Conference. The conference urges a Do
Pass recommendation for Senate Bill 2188.
Senate Bill 2188 protects a child-placing agency’s
freedom to provide adoption services. State policy allows
private entities to provide adoption services as
“child-placing agencies.” Chapter 50-12 of the
North Dakota Century Code sets out the requirements for
child-placing agencies and an agency cannot provide
adoption services unless it meets these requirements and is
licensed by the Department of Human Services.
Six agencies currently provide licensed adoption services
in North Dakota. Four of these agencies are, or are
affiliated with, religious entities. As religious entities,
they incorporate and reflect their church’s teachings
and values. By doing so, the services become an integral
part of their church’s ministry.
This partnership between the state and religiously
affiliated agencies, and the accompanying respect for
religious liberty, has served the people of North Dakota
well. Rather than restricting the number of child-placing
agencies and, in turn, access to adoption services, it has
fostered pluralism and allowed for participation by a
greater number of providers.
In recent years, some adoption agencies -- locally and
nationally -- have witnessed pressure to provide adoption
services that would violate their religious or moral
policies. Sometimes this pressure is subtle. Sometimes it
is direct. Sometimes it is based on social trends.
Sometimes it is based on interpretations of law or
professional “best practice” standards. Senate
Bill 2188 addresses these challenges by protecting an
agency’s freedom to serve.
Senate Bill 2188 is designed to only preserve religious
liberty. It does not affect who can adopt or restrict
access to adoption services. Some have claimed that this
bill changes the law by giving agencies a right to not
participate in an adoption. This claim assumes that
agencies do not currently have such a right. Under this
assumption, any agency licensed by the state must serve any
person that knocks on its door. We do not believe this is
the law, but the very assertion of such an argument
demonstrates why the time has come to clarify an
agency’s right to serve in a manner consistent with
its religious and moral positions.
Following existing conscience protection statutes in North
Dakota and the law of other states, Senate Bill 2188
addresses protection of conscience with respect to: (1)
licensing [page 1, lines 15 -18], (2) general policies
[page 1, lines 22 - 24], (3) government programs [page 1,
line 24 - page 2, lines 1-4] and (4) civil and criminal
actions [page 2, lines 4 - 6].
In each of these cases, the protection extends to an
agency’s objection to “performing, assisting,
counseling, recommending, facilitating, referring, or
participating” in an adoption that violates their
religious policies. This phrase was used because it closely
parallels other anti-discrimination language in the Century
Code. In each case, the objection must be based on the
agency’s “religious or moral convictions or
policies.” This phrase also parallels existing code
language, with a revision to reflect that individual
persons, in addition to entities, can act as child-placing
agencies in the state.
As mentioned, the only purpose of this bill is to protect
an agency’s freedom to serve. It is not intended to
impact adoption law or access to adoption services. To make
this clear, the last lines of the bill (page 2, lines 6 -
9) provide that if a child-placing agency opts not to
participate in an adoption that violates its religious
convictions, the action of the agency is not a finding
concerning the best interests of the child. In short,
opting not to participate is merely that -- opting not to
participate. The decision does not follow the prospective
parent and he or she is free to use the services of another
agency.
North Dakota has chosen to foster a plurality of adoption
service providers rather than insisting a uniform
“one size fits all” approach. This approach has
provided choices to North Dakotans and a means for agencies
to exercise their public ministries. If this policy is to
continue, we must protect the religious liberties of
child-placing agencies. No person or agency should ever be
asked to forfeit their religious or moral beliefs as the
price to pay for exercising a religious mission and
providing a community service.
We urge a Do Pass recommendation on Senate Bill 2188. I
would be happy to answer any questions the committee may
have.