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Bill worries gay families
By Janell Cole
The Forum, January 22, 2003

BISMARCK – Gay families asked legislators Tuesday to not pass a bill they say legalizes discrimination against them should they want to adopt children.

But the sponsor said it’s a religious freedom bill.

Senate Bill 2188 would prevent the state from denying an adoption agency license to organizations refusing to facilitate adoptions that violate its religious or moral convictions.

In North Dakota, all the adoption agencies are private groups that obtain a state license to operate. There are six such agencies, four of which are affiliated with a religious denomination. One nondenominational agency is inactive, said opponents of the bill.

Sen. Jerry Klein, R-Fessenden, told the Senate Human Services Committee he sponsored the bill because of increasing pressures around the country for adoption agencies to conduct adoptions that violate their religious or moral policies. The bill is not aimed at any particular group that may seek to adopt children, he said.

“So! me people may claim there is a hidden agenda. There is not,” he said.

“It only preserves religious liberty. It does not prevent adopting parents from using another agency.”

Chris Dodson, executive director for the North Dakota Catholic Conference, said the bill puts religious liberty into state law.

Vickie Nixon, speaking for Equality North Dakota, a gay-lesbian rights organization, said the bill, if passed, would legislate exclusion of gays and lesbians from adoptions. It also would allow an agency of a Christian denomination to refuse to handle adoptions for a Muslim family or single-parent families. Meanwhile, she said, 400 children in North Dakota are awaiting adoption.

Todd Berg of Bismarck said it is already difficult to adopt. Berg, with his gay partner, adopted a baby boy, Jensen, in 2001. The birth mother specifically asked that her baby be adopted by a gay couple. But some agencies only help families of their own denomination and another backed out of working with a gay couple because of pressure from the state and the baby’s foster family, he said. They were able to find another agency.

The state Human Rights Coalition also worries the bill could exclude many families from adoptions who could be good parents, said Cheryl Bergian of Fargo.

Some committee members seemed skeptical.

“Individuals have a choice of where they go for these services,” said Chairwoman Judy Lee, R-West Fargo.

“The number of agencies is very limited,” Bergian said.

“That doesn’t stop another agency from starting up,” said Sen. Bob Erbele, R-Lehr.

The committee took no action on the bill Tuesday.