Utah could become one of only two states to have a law prohibiting same-sex couples and unmarried straight couples from becoming adoptive or foster parents of children in state custody.
The Legislature will likely consider turning the state's controversial adoption and foster-care policies into statutes when it convenes this month. At least one state representative and two state senators are drafting legislation that restricts specific segments of the population from adopting children or being foster parents."I think it gives it more power if you put it that way. I think it supports the Division of Child and Family Services in what it's doing. They can say, 'This is what the law says,' " said Rep. Nora Stephens, R-Sunset, who will sponsor one of the bills.
Any proposed legislation is sure to generate vehement opposition not only locally but nationally as it did in several other states this past year. Utah already is among three states being sued over its foster-care and adoption policies. Florida is the only state that statutorily forbids gay and lesbian adoptions.
In 1999 the state-appointed DCFS board, which sets policy for the child welfare agency, approved a rule forbidding adults living under one roof who are not related by legal marriage, blood or adoption from adopting children. The policy precludes lesbian and gay couples, unmarried heterosexual couples and polygamists from adopting. It does not apply to single-parent adoptions.
The board followed that with a proposed policy that keeps unmarried, unrelated couples from providing state-sponsored foster care. The guideline is set to go into effect after the board's January meeting.
Utah Children, a statewide child advocacy group, sued the state over the adoption policy in October, saying it shuts out an entire group of adoptive families, instead of judging applicants on a case-by-case basis to determine what's in the best interest of the child. The ACLU in November filed a motion to intervene in the case on behalf of two gay men and a lesbian woman who believe the policy is discriminatory.
"It's not surprising that it's being proposed for legislation," said Roz McGee, Utah Children executive director.
It would be a poor use of lawmakers' time to consider such a bill knowing the matter will ultimately be decided in the courts, McGee said. Although Utah Children routinely supports or opposes child welfare legislation, it hasn't decided how much effort to expend fighting the pending measure, she said. If it passes, she said, Utah Children will amend its lawsuit.
McGee also says a legislative debate will subject the state to raised eyebrows.
"It will undoubtedly again draw national attention to Utah two years out from the Olympics," she said. "Regardless of how people feel about this issue, it will cast us in a peculiar light."
Stephens isn't worried about how the state might look, or that it could stand alone in its restrictions on prospective adoptive and foster parents. Utah, she said, is a "logical state to be a leader on this issue." Utah House and Senate leadership and the governor's office support codification of the policies, she said.
The ACLU also would weigh in on any proposed legislation.
"Obviously, we oppose the adoption policy and have submitted comments in opposition to the proposed foster-care policy," said attorney Stephen Clark. "Any effort to extend or codify the policies would be met with the same opposition."
Clark agrees with McGee that the Legislature should wait on the legal system for a decision.
"The courts ought to have a chance to look at the idea before people start trying to extend it or whatever they're going to do," he said.