Child Welfare Providers’ Right to Discriminate Act

Official Title: Child Welfare Provider Inclusion Act of 2023 (H.R.6485/S.3344) 

Introduced by Rep. Mike Kelly (R-PA) and Sen. Tim Scott (R-SC) 

This bill prohibits the federal government, states, tribal nations, or localities from taking adverse action against a child welfare provider that engages in discrimination or declines to provide services due to the provider’s sincerely held religious beliefs or moral convictions.  

• The bill would prohibit government agencies from taking actions against adoption or foster care providers if they decline to provide services based on “sincerely held religious beliefs or moral convictions” – essentially allowing them to use the pretense of religious freedom to advance rather than bring an end to discrimination in the placement of children for adoption or foster care.
• It would undermine the government’s ability to ensure child welfare organizations make decisions based on the best interest of children.  
• It would also bar the federal government and states that receive federal funding from taking action against any adoption and foster care providers that discriminate.  

This bill would override state non-discrimination statutes and effectively allow taxpayer funds to be used to discriminate.

• Taxpayer-funded child welfare providers should never use religious litmus tests to pressure children into accepting a certain faith or to deny children and families the help they need.
• We believe our government has a responsibility to protect the religious liberty of children in need and to deliver taxpayer-funded services to vulnerable children without discrimination or indoctrination.