Tennessee 2023-2024 Regular Session

Tennessee Senate Bill SB1738

Introduced
1/10/24  
Engrossed
3/21/24  
Engrossed
3/21/24  
Enrolled
4/3/24  
Passed
4/11/24  

Caption

AN ACT to amend Tennessee Code Annotated, Title 37, relative to the Tennessee Foster and Adoptive Parent Protection Act.

Impact

If enacted, SB1738 would significantly impact the state's foster care and adoption policies by explicitly allowing for the consideration of religious or moral beliefs in the eligibility of potential adoptive and foster parents. This change aims to ensure that parents are not discriminated against based on their beliefs, while still allowing the department to consider the moral and religious values of the child in placements. It signals a shift towards greater parental autonomy in the foster care system, potentially aligning state practices with the beliefs of a broader range of families.

Summary

SB1738, known as the Tennessee Foster and Adoptive Parent Protection Act, seeks to amend Tennessee Code Annotated, Title 37. The bill establishes that the Department of Children's Services cannot require foster or adoptive parents to affirm any governmental policies related to sexual orientation or gender identity that contradict their sincerely held religious or moral beliefs. Furthermore, it stipulates that such beliefs cannot be the basis for denying eligibility to adoptive or foster parents, thus protecting the rights of these individuals in the adoption and foster care process.

Sentiment

The sentiment surrounding SB1738 is contentious, reflecting deep divisions on issues of religious freedom, LGBTQ+ rights, and child welfare. Supporters argue that the bill upholds the rights of individuals to practice their beliefs without government interference, while critics worry it could lead to discrimination against LGBTQ+ individuals and undermine the welfare of children in the foster care system. This polarization showcases broader societal debates over the balance between individual rights and the protection of marginalized communities.

Contention

Notable points of contention regarding SB1738 include concerns that the bill could institutionalize discrimination under the guise of protecting religious liberties. Critics assert that allowing personal beliefs to influence adoption decisions may negatively affect children, who might be placed in environments that do not reflect progressive social values. The bill's proponents argue that it is necessary to protect the rights of sincere believers and maintain parental rights in the face of governmental overreach, encapsulating a classic conflict between state governance and personal liberties.

Companion Bills

TN HB2169

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 37, relative to the Tennessee Foster and Adoptive Parent Protection Act.

Previously Filed As

TN HB2169

AN ACT to amend Tennessee Code Annotated, Title 37, relative to the Tennessee Foster and Adoptive Parent Protection Act.

TN HB2644

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

TN SB2633

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

TN SB0620

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 49, relative to the "Families' Rights and Responsibilities Act."

TN HB1414

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 49, relative to the "Families' Rights and Responsibilities Act."

TN SB0485

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to Indian child welfare.

TN SB658

Oklahoma Children's Code; prohibiting certain actions by the Department of Human Services in relation to adoptive and foster parents. Effective date.

TN SB1117

AN ACT to amend Tennessee Code Annotated, Title 49, relative to parental consent.

TN SB0722

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

TN HB0940

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

Similar Bills

No similar bills found.