On the dole for the homeless soul: Religious and sex discrimination by sectarian adoption services

Abstract

Religious institutions have historically taken care of orphaned or unwanted children. Although the U.S. has provided public child services for nearly a century, the country still relies heavily on private, faith-based organizations to care for and place children with families. Some of these organizations receive public funds, yet their mission statements often prioritize placing young people with families that meet religious standards; they may reject parents who have religions or lifestyles that they disagree with. Such religious discrimination brings to the fore the Free Exercise and Establishment Clauses of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, as well as social considerations such as the Best Interests of the Child (BIC). This chapter will explore the legal, political, and social labyrinth that is closing doors to potential parents in favor of saving souls.