Can the government deny foster parent applications due to religious beliefs?

James and Gail Blais were barred from fostering their one-year-old great-granddaughter due to their religious beliefs. During the foster parent application process, the Washington state government led the Blaises through hypothetical questions assessing how they would respond if their great-granddaughter were to identify as homosexual or transgender at some point in the future. As Seventh-Day Adventists, the Blaises said they would certainly continue to love the child, but they could not support the child’s decision in that circumstance. This raises an important question: can state governments deny foster applications due to the religious beliefs of potential foster parents? 

In this episode, Naomi and Ian are joined by Eugene Volokh, an expert in first amendment law and professor of law at UCLA, to explore how state adoption authorities can ensure the well-being of foster children while respecting the religious beliefs of prospective foster parents. Volokh notes that because the Blaises were applying to care for a relative, and the decision to deny their application was based on responses to hypothetical scenarios, this case signals a particularly concerning overreach by the Washington state government.

Resources:

Couple Barred from Fostering Their 1-Year-Old Great-Granddaughter Because of They Oppose Homosexuality and Gender Transitioning | Eugene Volokh | Reason

Show notes:

01:05 | Why did Washington's child welfare department deny the Blais’ foster application?

04:05 | How should we think about the boundaries the government places around foster parenting?

07:10 | Should foster agencies incorporate speculative scenarios in the decision-making process?

09:20 | Do people with non-religious conscientious objections have rights as well?

12:40 | How can foster agencies recruit the greatest volume of high-quality foster parents possible?

18:25 | Should the perspective of children’s biological parents be taken into account?

21:39 | Regardless of legality, is it prudent for the government to place its “hand on the scale” and emphasize one factor over all others when determining the fit of a foster family?