The federal Department of Health and Human Services (HHS) has proposed new rules that would end regulations put in place by the Obama Administration that prohibited faith-based child welfare providers from receiving federal funding without abandoning their beliefs.

The current regulations were put in place just after President Obama’s election. They prohibit faith-based institutions that receive federal funds from refusing to place children in homes with unmarried partners, same-sex partners, and same-sex married couples. Illinois also passed such a law in 2011.

Zach Pruitt is senior counsel for Alliance Defending Freedom, a non-profit legal organization that advocates for religious freedom. Pruitt submitted comments supporting the proposed new rules Dec. 19.

“Every child deserves a chance to be raised in a loving home. That’s why ADF supports HHS’s revision of its regulations to allow both secular and faith-based providers to compete for federal grants on an equal footing. Tragically, there are currently over 430,000 children in the foster care system and 125,000 eligible for adoption, and faith-based adoption and foster care providers play an integral role in serving these vulnerable kids.”

Priutt commended HHS for seeking to “protect a diversity of providers to ensure the greatest number of children find a permanent, loving family.” A 2014 study by Barna Research found practicing Christians (5%) are more than twice as likely to adopt than the general (2%) population. Catholics are three times as likely and evangelicals five times as likely to adopt than the average adult.

Russell Moore, president of the Ethics and Religious Liberty Commission of the Southern Baptist Convention, recently wrote a Wall St. Journal op-ed in support of the rule change. “The foster-care system is burdened, with children who need parents enduring tragically long waits for placement,” Moore wrote. “Genuine civic pluralism means everyone—secularists, atheists and agnostics, along with religious people of all sorts—should care about these children.”

According to HHS, which made the announcement Nov. 1, the new rule would be in accordance with “nondiscrimination provisions passed by Congress and signed into law.” It also puts the agency in compliance with U.S. Supreme Court decisions regarding the administration of grant funding.

Progressive groups immediately attacked the announcement. The Human Rights Campaign tweeted Nov. 3rd:

“The Trump-Pence White House has proposed a horrific federal regulation that would permit discrimination across the entire spectrum of @HHSGov programs receiving federal funding.” – @HRC President @AlphonsoDavid https://t.co/I0ik3S4KMo

— Human Rights Campaign (@HRC) November 3, 2019

The time for submitting comments closed Dec. 19 and will now undergo a review period before going into effect. There’s no word on whether any opponents will seek legal action.

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Earlier this month the Trump administration announced the reversal of an Obama-era rule regarding the role of faith-based organizations in providing foster care and adoption services.

The U.S. Department of Health and Human Services (HHS) revealed new rules Nov. 1 allowing faith-based providers to continue serving their communities in a manner consistent with their religious beliefs. According to a conference call between Vice President Mike Pence’s office and the media, the Obama rule jeopardized the ability of faith-based providers to continue serving their communities, penalizing them for their deeply held beliefs. It did so by forcing these providers to either place children in the homes of same-sex couples or discontinue care.

Pence’s office contended that by “excluding thousands of willing organizations and families, the Obama rule threatened the well-being of children in search of a good home.”

HHS reports there are approximately 443,000 children in foster care nationwide, with more than 100,000 awaiting adoption, and that number has risen for five consecutive years, fueled in part by the opioid crisis.

“Allowing faith-based organizations to provide an enhanced role in foster care will take the pressure off some states who are need of additional foster families and foster care capacity,” Pence’s office claimed.

However, it’s too early to celebrate. Lori Windham, a religious liberty lawyer at Becket Fund for Religious Liberty, tweeted, “it’s a smart thing to do, but it would only fix part of the problem.” She shared that state and local governments can use similar rules to try to close faith-based agencies. In Illinois, faith-based agencies are only affected if they accept government funding.

Windham tweeted further, “Ultimately, we need not just better regulations, but a clear answer from the courts. @BECKETlaw has asked #SCOTUS to ensure that these critical social services are no longer jeopardized. The petition for Fulton v. Philadelphia has been conferenced for Nov 15.”

Brittany Raymer at Focus on the Family pointed out, “The Equality Act, which has been passed by the U.S. House but not the U.S. Senate, would have amended the Civil Rights Act to include sexual orientation and gender identity as protected classes. This would mean that even if this new regulation is in effect, the potential passing of the Equality Act would still force agencies to place children with same-sex couples or close unless there are religious freedom protection.”

The announcement also reversed Obama Administration policy denying federal disaster aid to houses of worship.

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