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April 20, 2005

Gay Foster Parent Ban Passes State House

By Byron LaMasters

Because of Rep. Robert Talton (R-Pasadena)'s amendment to the Child Protective Services reform bill, your tax dollars will be spend on witch hunts seeking to learn the sexual orientation of potential foster parents (should the amendment pass the senate). The Austin American Statesman reports:

House lawmakers on Tuesday voted to prohibit gay or bisexual people from becoming foster parents as part of the chamber's overhaul of child and adult protective services.

The amendment was rolled into the bill approved by the House of Representatives that, as expected, would also lower caseloads for investigators and hand over to private agencies some of the duties associated with protecting Texas children. [...]

Talton's amendment would require the Department of Family and Protective Services to ask potential foster parents if they are homosexual or bisexual and to refrain from placing children with those parents. Currently, the agency does not ask that question.

The department also would be required to remove a child from a foster home if it determines that the parents are homosexual or bisexual.

"It's a learned behavior, and I think a child . . . ought to have the opportunity to be presented to a traditional family as such," Talton said. "And if they choose to be homosexual or lesbian, then that's their choice when they turn 18."

Talton said he tacked the amendment onto the CPS reform bill because he knew he wouldn't get a hearing for it if he filed his own legislation. The amendment passed 81-58, mostly along party lines. Talton had tried unsuccessfully in the past to pass such legislation.

Kathy Miller, president of the Texas Freedom Network, a government watchdog group that bills itself as an alternative to the religious right, said in a statement that the House put personal and political biases ahead of children's interests.

"Representative Talton's amendment to ban gay men, lesbians and bisexuals from acting as foster parents will further strain a foster system that is already overburdened, forcing more children into institutions rather than safe, loving homes," she said. "Texas children who most need the state's protection have been cast aside in favor of a narrow, mean-spirited agenda."


More at the Pink Dome. Also, read the statement from the LGRL. Also blogged at Appalachia Alumni Association and 100 Monkeys Typing. Anyone that doubts that this is anything but a witch-hunt that would spend millions of state funds to determine the sexual orientation of potential foster parents need not read any further than the text of the amendment (PDF File):


Section 264.1064c. "Notwithstanding the applicant's or foster parent's statement that the applicant or foster parent is not a homosexual or bisexual, if the department determines after a reasonable investigation that the applicant or foster parent is homosexual or bisexual the department may not: (1) allow the applicant to serve as a foster parent; (2) place the child with the foster parent; or (3) allow the child to remain in foster care with the foster parent."


What the heck is a reasonable investigation?? Talk about screwed up priorities... we have a foster care crisis in this state, and Republicans would rather spend millions of dollars to take kids out of loving homes, and investigate the personal lives of law-abiding adults.

Posted by Byron LaMasters at April 20, 2005 03:50 PM | TrackBack

Comments

Oh, this law can't possibly be constitutional. Right to Privacy? Did Lawrence v. Texas or Romer v. Evans not teach these knuckleheads anything? Bueller? Bueller? Bueller?

What insane bullpoo, which, regrettably, is pretty typical from this bunch of freak morons.

Posted by: Jim D at April 20, 2005 04:42 PM

Who cares if it is unconstitutional now, all they have to do is write it into the constitution, thus making it constitutional. Case in point- state marriage ammendments.

I can't even believe this...

Posted by: TA at April 20, 2005 05:35 PM

TA, Jim is referring to the federal constitution. Which trumps Texas'. If something is unconstitutional under the US Const., it can't be constitutional per se - regardless of what a state constitution says. E.g., a state constitution can't be amended to say slavery is legal within the state's borders, etc.

Posted by: Uhm at April 20, 2005 06:26 PM

Hi Uhm,

Yes, I figured that is what he was referring too. I've just been really amazed that we can just making something unconstitutional turn constitutional simply by changing the document, both on the state and federal levels.

Posted by: TA at April 20, 2005 11:43 PM

Does anyone know when the Texas Senate will vote on it? I can't find the date anywhere.

Posted by: Jacqueline at April 25, 2005 11:38 PM

FYI: The Daily Show with Jon Stewart did an excellent piece on the new Texas state law barring same-sex couple from adopting foster children.

A transcript, with commentary, is available at JABBS, at http://jabbs.blogspot.com

Posted by: david r. mark at April 27, 2005 02:39 AM

If they put this bill into act the children in the foster homes would be devistated. I would rather be growing up with a gay parents, than growing up with no parents at all. By putting this into act, some foster children won't even know what parents are like.

Posted by: american woman at April 27, 2005 02:13 PM
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