DHS spokesperson raises concerns about Sally Kern child welfare bill

Oklahoma State Rep. Sally Kern continues to insist that her “Child Welfare Provider Inclusion Act” (HB 2428) has nothing to do with same-sex couples. But state DHS spokesperson Sheree Powell has expressed concerns in the agency about the bill. In an interview with Public Radio Tulsa, she “wondered if it’s possible a provider would sue DHS if they didn’t meet performance goals in their contracts even if it’s because they denied placements based on their beliefs.

"And is it possible that some individuals who were refused services by one of our contract providers would then sue the department for that and hold us responsible because DHS holds the contract?" Powell told the station.

OKC’s News Channel 4 reported, “the bill's author [Kern] tells NewsChannel 4 she wrote the bill to be inclusive, not exclusive.

“Rep. Sally Kern (R-Bethany) said the point is to ensure religious-based organizations continue to provide adoption services in the state.

“Without the bill, Kern said many must choose to violate their morals or close their doors.”

Opponents of the bill believe that it is targeted against same-sex couples. Channel 4’s report said, “Kern points out her bill, which passed a committee on a 5-2, party-line vote, does not specifically mention same-sex parents.”

The same argument was raised last year in Michigan, when a bill stating the same words passed and was signed by Gov. Rick Snyder. According to CBSDC in Washington, “Snyder acted a day after the bills cleared the GOP-controlled Legislature almost entirely along party lines. Opponents compared the legislation — which is expected to be challenged in court — to a religious objections law in Indiana that had to be softened after a backlash.”

“Snyder denied that the law discriminates against gays or others, saying, ‘this isn’t about that’ and reiterating his past threat to veto a broader religious freedom bill unless the state’s civil rights law is expanded to prohibit discrimination based on sexual orientation,” reported CBSDC.

The CBSDC report continued, “The Michigan Catholic Conference and others have lobbied for the adoption legislation for years, but it gained traction ahead of the U.S. Supreme Court’s expected ruling on gay marriage in coming weeks [the bill was singed two weeks before the Obergefell decision by the US Supreme Court].

“Snyder said he received letters from Catholic Charities and Bethany Christian Services, which on average do 25 to 30 percent of the Michigan’s foster care adoptions and had expressed concern that if the state’s policy changed in the future, they would be forced to close their doors. In 2011, Illinois ended long-standing contracts with Catholic Charities to provide foster care and adoptions because of the group’s practice of referring unmarried couples to other agencies.”

The similarity of the language in the bills suggests that a conservative bill mill may be the source of the legislation, which is carefully written to not even mention same-sex couples, sexual orientation or gender identity. Given the experience in Michigan, and Gov. Snyder’s candid comments, some activists suspect, but cannot prove, that the source of the bills is Catholic Charities, or the US Conference of Catholic Bishops.

In the Public Radio Tulsa interview, DHS spokesperson Powell said, "We [DHS] do not discriminate against anyone," Powell said. "As long as someone passes a background check, they pass their home study, they complete their training, then they can adopt a child through DHS.

“Powell does worry, however, about the bill making DHS look bad when it needs foster families.

"’I don't want the public to have that viewpoint. DHS welcomes anyone and everyone who wants to foster and adopt in Oklahoma,’ Powell said.”

HB 2428 was passed out of a committee Rep. Kern chairs by a 5-2 vote. It next goes to the House floor for consideration. Watch The Gayly, our website, www.Gayly.com, and our Facebook page for continued coverage of HB 2428 and other anti-LGBT bills in the Oklahoma Legislature.

The Gayly – February 20, 2016 @ 2:50 p.m.