Bill to let adoption
agencies refuse to serve some OK'd By Janell Cole The Forum - April 1, 2003
BISMARCK
-- Agencies in North Dakota will have explicit rights to refuse adoptions
that conflict with their religious or moral beliefs under a bill passed in
the House Monday.
The bill
carrier, Rep. Sally Sandvig, D-Fargo, said some of the half-dozen adoption
agencies in the state do not want to do adoptions for “certain groups of
people,” including single people or gay or lesbian couples.
Senate
Bill 2188 was approved on a 72-18 vote. It now returns to the Senate for
concurrence with House amendments. The Senate earlier passed it by 45-2.
The bill
was delayed for several weeks in moving through the House because House
Minority Leader Merle Boucher, D-Rolette, asked the attorney general if it
was constitutional.
Attorney
General Wayne Stenehjem’s opinion was that it is constitutional because
it facilitates the free exercise of the agencies’ religions.
In North
Dakota, most of the adoption agencies are religiously affiliated. They
asked for the bill saying it would only “codify” their existing
practices. They said that based on pressures placed on agencies in other
parts of the country, they wanted to get the permission in the law.
Rep.
Lonny Winrich, D-Grand
Forks, questioned whether the bill also allows agencies to discriminate
based on race or ethnicity. He voted against it, as did 14 other Democrats
and three Republicans.
Specifically,
the law will say that the state Department of Human Services can’t
refuse to issue an adoption agency a license based on the agency’s
exercise of its religious or moral convictions.